Smelling marijuana is not enough to search vehicle

Merlin99

Visualize whirled peas
PREMO Member

This_person

Well-Known Member
Ok if the smell of marijuana isn't enough because it could be legal, can the same criteria be carried to "the smell of burnt gunpowder isn't enough because it's possibly a legal gun"?

http://www.foxnews.com/us/2017/07/1...t-marijuana-not-enough-to-search-vehicle.html

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.



I would suggest that since dogs cannot be put under direct or cross, the accused cannot face their accuser in court. The cop doesn't smell it, the dog does. I would further say that no warrant is issued, it should not be searched. The whole idea of the cop becoming the judge on the scene and issuing herself a warrant based on her own affirmation is not the intent here. I don't know how it ever got this far out of control.
 

black dog

Free America
Because the Police Chiefs, The Mayor's, The Governors and the folks that elected them have allowed this behavior to go on for decades.
 

officeguy

Well-Known Member
If that ruling makes it way here, the ability of our local sheriff's to bust people for 12 grams of weed or some pills without a script is going bye bye. They'll be crushed about this setback in the 'war on drugs'. They'll have to train a 'drug wisperer' (fake DRE) to make up for the shortfall in arrestees.

I can't believe the courts haven't put an end to the manipulated use of drug dogs to create probable cause where there is none.
 

itsbob

I bowl overhand
If that ruling makes it way here, the ability of our local sheriff's to bust people for 12 grams of weed or some pills without a script is going bye bye. They'll be crushed about this setback in the 'war on drugs'. They'll have to train a 'drug wisperer' (fake DRE) to make up for the shortfall in arrestees.

I can't believe the courts haven't put an end to the manipulated use of drug dogs to create probable cause where there is none.

Marijuana is legal in CO.. is it in MD??

I don't see how this ruling will effect anything in MD.
 

vraiblonde

Board Mommy
PREMO Member
Patron
My understanding is that the whole state of CO smells like marijuana. So obviously it would not be unusual to smell marijuana in someone's vehicle.

What am I missing here?

"Smelling Pop-Tarts is not enough to search a vehicle."

:confused:
 

Bann

Doris Day meets Lady Gaga
PREMO Member
:coffee:

Although you do have fewer constitutional rights regarding searches of your vehicle than of your home or person, you still do have some protections against unreasonable searches from law enforcement officers. This protection is guaranteed through the Fourth Amendment to the U.S. Constitution. But what exactly is#considered a reasonable search#when you have been pulled over?

There are three primary types of vehicle searches:

Search incident to arrest.#This type of search allows officers to search the immediate vicinity of the driver (anywhere the driver can reach) when police have the authority to place the driver under arrest.
Inventory search.#When police arrest a driver and then impound the car, they search the vehicle to create an inventory of all items inside of it. This prevents civil liability for loss or damage of property.
Probable cause search.Police officers are allowed to conduct a motor vehicle search when they have a “reasonable suspicion” the driver has a weapon or some evidence of a crime for which they have made the traffic stop.

http://www.laplatamdlawfirm.com/blog/when-are-maryland-police-allowed-to-search-your-vehicle/
 

Wishbone

New Member
And it will be taxed. And portions of the proceeds will go to the Education fund just like the casinos :lmao:

If that dough was making it to the education fund, all of marylands students would be enrolled in Oxford.

It's all going into the pockets of Annapolis Marylands Fine Upstanding Legislators... And I'd bet the biggest bites are being taken by Mike and Mike.
 

Restitution

New Member
If that dough was making it to the education fund, all of marylands students would be enrolled in Oxford.

I don't think this would necessarily be true however, I think more and more schools could be funded just like Title 1 schools and we wouldn't have to shovel out hundreds every year for room supplies.
 

vraiblonde

Board Mommy
PREMO Member
Patron
If that dough was making it to the education fund, all of marylands students would be enrolled in Oxford.

It's all going into the pockets of Annapolis Marylands Fine Upstanding Legislators... And I'd bet the biggest bites are being taken by Mike and Mike.

This and this.
 

Restitution

New Member
This line of thinking (i.e. more money to schools = better education) is why over half of my taxes go to County schools.

It's only half the problem. Better teachers, of course, is the other half (to include principals, staff, etc.) and those increased dollars should be helping with that BUT.... every year we see the take-home supply list get larger, teachers under paid, and schools falling apart but..... the casinos have record income every month! :shrug:
 

Wishbone

New Member
This line of thinking (i.e. more money to schools = better education) is why over half of my taxes go to County schools.

I wasn't advocating more money to the schools, but stating it isn't making it there to be sure.

I read somewhere once that MD spends about 15k per student per year. Wondering how much is wrapped up in ridiculous waste, incompetent teachers and pointless BOE staff salaries.
 

stgislander

Well-Known Member
PREMO Member
It's actually not at the federal level, and the constitution says the federal level negates the state level laws, so, it's actually not period.

That doesn't necessarily mean the county mounties and staties have to enforce the federal law.
 
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