Is smell truely probable cause?

Yeah i learned my leson the hard way on saturday
3 tickets and a night in jail later...
Not to mention the fines
Fuck

tical916 said:

I had a shitty old car that we always would blaze in. One time sober as a nun, we get pulled over. The cop starts giving us shit that the car smells like weed, has us all get out of the car. He keeps questioning me, I was driving the car my car. He keeps saying, I can smell the weed on you and in your car. I told him he was crazy.
He than handcuffed us put us on the sidewalk.

Another cop pulls up and questions the first one of to the side of the car. They both come back saying they can smell weed. And they gave the "We`ll just let you own your way, just give us the marijuana." I asked him what I would get for him wasting my time and not finding anything. He didn't say shit. I told him I wanted a blowjob and gave him consent to search the car.

They're both in there for a bit. And they come back out with the ashtray. It was a shitty where you could pull the ashtray out. He says how it smells like weed and puts it in our faces. It didn't smell like anything and the only thing it was ash smudges. I tore the rest of the car apart and found a single swisher, snapped in half and crammed down the back seat. He wrote me a ticket for minor in posession of a tobacco product? I was around 16 at the time.

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Well, did he make with the Blowjob, or not? hahaha!

It's bullshit.

Watch COPS. I can't tell you how many people have been searched cause they "smell" marijuana only to not find a single speck - instead they find Coke, Meth and the person gets charged with those.

I personally think it is an illegal search and a clear abuse of power. And should fall under forbidden fruit laws.

It really should, but when you look at who writes the laws it's pretty clear why.

Yes if the cop can "smell" marijuana, he can articulate enough that he has probable cause and search your vehicle. If you smoked with the window down, I don't think you'd have a big problem... just crack it so the airflow forces the smoke out.

SocataSmoker said:

Yes if the cop can "smell" marijuana, he can articulate enough that he has probable cause and search your vehicle. If you smoked with the window down, I don't think you'd have a big problem... just crack it so the airflow forces the smoke out.

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That is not how it works.

Cop wants to search your car. He lies and claims that he smells marijuana. He searches your car. It is a abuse of a power that is de facto.

They have drugs dogs that are trained to false alert on cars when given a command in those cases that they cant detect any illegal smells.

It is really sad that 1. a cop can say he smells something and perform a search for no other reason than he has a hunch something illegal is in the car (what happens when he is wrong? He lets you leave or takes you to jail for some other poison fruit). 2. When a drug dog is called in they signal the dog to mark the car so that they can illegally search your car under the guise that the dog is smelling something (drug dogs sniffing cars is already considered by some to be a violation of unreasonable search). 3. Nobody cares enough to do anything about these violations of our Constitutional rights.

This is an example of "give em inch, they'll take a mile."

I had my car searched about ten years ago. The cop searched it regardless of what i said, and then when i read the police report, i got pissed!

The cop actually said in the report "As i approached the vehicle, i noticed the strong odor or marijuana" and "I saw a small baggie with a green leafy substance, i asked the driver what it was, and he confirmed it was marijuana"

Both statements were flat out lies! First, about the "odor", i had taken a shower, brushed my teeth, and changed clothes since last time i had smoked. I hadnt smoked in my car for weeks.
Second, he said that he "saw a baggie behind the drivers seat, in plain view"
The baggy was tucked into a shoe, with a pair of socks on top of it, IN THE FUCKING TRUNK! Not in plain view at all.

What could i do? i was a scared 19 year old kid, facing felony charges, and i couldnt afford a lawyer. So i asked the judge for one. He said, since i made minimum wage and worked 40 hours a week, that i could in fact afford a lawyer, and he said he would not assign me a public defender. I was forced to represent myself against this corrupt cop, on felony charges, barely out of high school.

Needless to say, i got a record for pot now, and i have been denied from jobs, security clearances within jobs, apartments, and ive even been fired once when a company checked my record.

COPS LIE!

more people need to just flat out assault cops, if the area your in or the people you roll with are known for people being more dangerous than cops, maybe they would be reluctant to search. I have never been searched with my cousin J 'cause be has a record for pig stomping. on my own I get checked all the time, but never when hes in the car.

hempcurescancer said:

Anytime my brother gets pulled over, he takes his keys out of the ignition, lays them on his lap, and puts his arms out on his lap with his palms facing the ceiling. Piggys eat that shit up like dunkin donuts.

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Not always man.. A couple years ago my friend did that, but put the keys on the roof and the cop is like, are you experienced with this? Why are you doing that, are you guilty, blah blah blah, tough cop bullshit
cops

man this thread just depresses me. makes me glad I'm medical but still it doesn't matter because this shit is still happening to hundreds of thousands of people.

CSI Stickyicky said:

I had my car searched about ten years ago. The cop searched it regardless of what i said, and then when i read the police report, i got pissed!

The cop actually said in the report "As i approached the vehicle, i noticed the strong odor or marijuana" and "I saw a small baggie with a green leafy substance, i asked the driver what it was, and he confirmed it was marijuana"

Both statements were flat out lies! First, about the "odor", i had taken a shower, brushed my teeth, and changed clothes since last time i had smoked. I hadnt smoked in my car for weeks.
Second, he said that he "saw a baggie behind the drivers seat, in plain view"
The baggy was tucked into a shoe, with a pair of socks on top of it, IN THE FUCKING TRUNK! Not in plain view at all.

What could i do? i was a scared 19 year old kid, facing felony charges, and i couldnt afford a lawyer. So i asked the judge for one. He said, since i made minimum wage and worked 40 hours a week, that i could in fact afford a lawyer, and he said he would not assign me a public defender. I was forced to represent myself against this corrupt cop, on felony charges, barely out of high school.

Needless to say, i got a record for pot now, and i have been denied from jobs, security clearances within jobs, apartments, and ive even been fired once when a company checked my record.

COPS LIE!

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Damn that sucks man... fuck cops

If you look like this, you're probably gonna get searched... otherwise, there is no absolute reason in the world for a cop to "sense" strong smell of marijuana unless you either smoked it recently or have history with police for drug charges. Yes, they stereotype by the way you look... but that's just normal human behavior, we all stereotype people by the way they look and we can usually figure out basic things about them by doing so.

So you guys with that "stoner" look, should learn to clean up a bit and fit in with non-stoner looking folks if you don't want to be looked at questionably. Sad, but true...

Hence why I always get my military haircut (Number one, high and tight!) and wear nice clothes ::

The officers say "Good day sir" not "I smell dope" whenever I come into contact with them.... and I likeeee it.

tnrtinr said:

That is not how it works.

Cop wants to search your car. He lies and claims that he smells marijuana. He searches your car. It is a abuse of a power that is de facto.

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Well, it's how it works here...

Cops never wanna search my car, I'm from Alaska and tell great stories, I make them laugh... make their day enjoyable, not standoffish or arrogant because they're "pigs".

You ever lied?

You ever taken a mile when given an inch?

Have you ever personally had a cop search your car unwillingly? If so, date, time, name of officer... I'll call his Capt. and file a complaint for you since it appears you didn't yourself.




We're all human.

Smell is probable cause. However, under no circumstances should you consent. If the coppers have probable cause they will go ahead and search if they choose to proceed.

Do not consent. Be polite, but politely refuse to consent.

Why would you be smoking in your car anyway? Go inside the house where you have a reasonable expectation of privacy.

Smoking while driving is dangerous and irresponsible. I have very little sympathy for anyone busted while driving impaired.

Smoking in a parked car is just plain ignorant. It is pretty obvious to a casual observer, and cops are instantly suspicious when they see people just sitting in a vehicle.

SocataSmoker said:

Have you ever personally had a cop search your car unwillingly? If so, date, time, name of officer... I'll call his Capt. and file a complaint for you since it appears you didn't yourself.

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No, I have never been searched. I don't fit the stoner stereotype. The last thing a cop would assume is that I have any drugs in my car.

It doesn't change the fact that it is complete bullshit that cops manufacture cause to illegally search a persons personal property.

Whereas you say, "clean up" stoners and you wont get ILLEGALLY searched - I believe in the Constitution and the process of law; and all people should be treated equally under the law. It is a shame that we have "Americans" like yourself that believe that it is right to trample the Constitution if you fit a profile.

It's plainly obvious that you are wet behind the ears. Calling the Captain to complain isn't going to make your drug conviction / property seizure disappear after their illegal search provides poison fruit.

Johnnyorganic said:

Smell is probable cause. However, under no circumstances should you consent. If the coppers have probable cause they will go ahead and search if they choose to proceed.

Do not consent. Be polite, but politely refuse to consent.

Why would you be smoking in your car anyway? Go inside the house where you have a reasonable expectation of privacy.

Smoking while driving is dangerous and irresponsible. I have very little sympathy for anyone busted while driving impaired.

Smoking in a parked car is just plain ignorant. It is pretty obvious to a casual observer, and cops are instantly suspicious when they see people just sitting in a vehicle.

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I think most of us HERE know this, but i think its the YOUNG ones that get profiled. I got pulled over and fucked with a lot when i was in my late teens, early twenties. (i never looked like a stoner, i was always clean cut. But if a cop sees 4 teens in a car, he's comin for ya)

I still get pulled over a lot, because my job has me on the road late at night, but cops are usually really nice. They are just kinda like, "oh, you ARENT drunk? ok have a good day" I dont know if its because of my age, or maybe i just treat them with more respect now, but cops are cool with me.

When i was living with my parents, i wasnt going to smoke inside, its against their rules, so i had to walk or drive somewhere. (same thing when i was in a dorm) Smoking outside just seems reckless now when i look back, but many young people are left with this as their only smoking option. And many turn to smoking in a car. I've done it. A car has comfy seats and music. The best way to car smoke is in a closed garage, so you can hotbox the car, and not have to look over your shoulder. Just air the car out before driving....

Johnnyorganic said:

Smoking in a parked car is just plain ignorant. It is pretty obvious to a casual observer, and cops are instantly suspicious when they see people just sitting in a vehicle.

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Agreed, i've learned not roll up in a car. looking down in your lap for 5 to 10 minutes straight is a dead giveaway. Twist up before you leave the house.

CSI Stickyicky said:

I think most of us HERE know this, but i think its the YOUNG ones that get profiled. I got pulled over and fucked with a lot when i was in my late teens, early twenties. (i never looked like a stoner, i was always clean cut. But if a cop sees 4 teens in a car, he's comin for ya)

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That's the unfortunate truth. Watch Barry Cooper's Never Get Busted. They'll profile you using everything from the hair on your head to the "support your troops" bumper sticker. I definitely fit the young adult partier stereotype and sittin in a VW gti with skate stickers on the back was not a good idea.We removed those stickers as soon as we got to the house.

I've also been hasseled by cops for having a lighter on me and no cigarettes. If I say i smoke cigys they asked to see the box. FUCKING Ridiculous abuse of power.

I don't know and don't kill me for throwing this out there but say you're walking on the side walk perfectly fine you've drank maybe three drinks and pass by a cop and he smells alcohol on your breathe and body does that give him probable cause to give you a breathalyzer and take you away for being drunk in public? Cause thats bullshit IMO.

tnrtinr said:

No, I have never been searched. I don't fit the stoner stereotype. The last thing a cop would assume is that I have any drugs in my car.

It doesn't change the fact that it is complete bullshit that cops manufacture cause to illegally search a persons personal property.

Whereas you say, "clean up" stoners and you wont get ILLEGALLY searched - I believe in the Constitution and the process of law; and all people should be treated equally under the law. It is a shame that we have "Americans" like yourself that believe that it is right to trample the Constitution if you fit a profile.

It's plainly obvious that you are wet behind the ears. Calling the Captain to complain isn't going to make your drug conviction / property seizure disappear after their illegal search provides poison fruit.

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Well, since you don't fit the profile, aren't you GLAD cops profile?

The instances where cops fabricate things to search vehicles are few and far between, more often than not the person looks to be under the influence or has had previous drug problems or police problems.

Police profiling has been a major factor in crime prevention... it may not always work, but as you can see it mostly does. And there's nothing in our constitution that PREVENTS police from profiling and making assumptions/asking questions to see if you truly fit the profile so why even bring up the constitution? It has taken many dangerous drugs like cocaine, heroin, etc off the street because the cops "profiled" the driver and came to the conclusion that he was worth a 2nd look... yes it has taken pot off the street too but talk to your lawmakers about that problem, not the police.

Did I say calling the captain would take your charge away? Thanks for putting words in my mouth and displaying your maturity. I can assure you though that the cop will be looked at more carefully unless the captain is a dirty boy too... so if that doesn't work, just go to the newspaper about it.

When people say to me the cops did this to me and did that to me, I always ask... "did you report him/her?" and they always say no. Strange, if a cop did what other posters are saying they do, to me... I'd be in his Capt's office the next week. So I've come to the conclusion that most people just lie about their experience and/or if the cop did search them, it was because they had the "die pig die" attitude and you know cops don't like that.

Gblink3 said:

I don't know and don't kill me for throwing this out there but say you're walking on the side walk perfectly fine you've drank maybe three drinks and pass by a cop and he smells alcohol on your breathe and body does that give him probable cause to give you a breathalyzer and take you away for being drunk in public? Cause thats bullshit IMO.

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When an officer charges someone for being drunk in public, 99.9% of the time it's because the person was being rude, disruptive, or just belligerent from the alcohol. If you're walking by a cop and he catches a hint of alcohol, you should be fine unless you look 12, or you smell of a whole keg. Can you imagine cops arresting EVERYONE on Bourbon St. for being drunk in public? They'd fill up every jail in the state.

Your honour, if it pleases the court, I would like for officer Pig over there to demonstrate is olfactory prowess by sniffing out a controlled parcel in a random car.

ANC said:

Your honour, if it pleases the court, I would like for officer Pig over there to demonstrate is olfactory prowess by sniffing out a controlled parcel in a random car.

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Ever notice how cigarette smokers have more trouble smelling the cigarettes on their clothes and such? We as pot smokers get used to the smell, but people who don't smoke can smell it far better than we can... hence why the officers olfactory prowess in smelling pot is far better than ours.