Can you be arrested for..........

Discussion in 'Legal Issues' started by SouthernSmoker, Jun 9, 2001.

  1. This Question is for Niteshift. Can you be arrested for smell. Say you had just got done smoking a joint and you ranked of pot. Then you went walkin down main street, but you didnt have any on you or any types of pipes or etc. Then a cop walks by and stops you becasue he smells the pot, can you still be arrested even after they shearch you and find notta. I am wondering just in case cuz I do alot of walkin around the police station and I dont wanna be caught smellin rank and sent to jail over it. Thanks for the help before hand.
  2. I believe one of the LEOs already answered this in another thread. And I believe their answer was something like "No. It is not illegal to smell like marijuana."
  3. Niteshift

    Niteshift L.E.O. in Good Standing

    The smell can be PC for a search, but you can't be arrested for it.
  4. lxl Ash lxl

    lxl Ash lxl New Member

    yeah..

    which brings up another question.. can you be questioned and searched if a cop thinks you're high but doesnt smell anything? like he looks at your eyes and you look like you have pinkeye in both eyes with 1/8inch layer of glass on your eyeballs, but cant smell a thing.. i'd be paranoid, but i dont think he can do anything, can he? is that enough to be probable cause?
  5. Niteshift

    Niteshift L.E.O. in Good Standing

    If he can show training and experience giving him sufficient reason, it would probably fly.
  6. magicmoe

    magicmoe Guest

    The answer is NO for both questions.
    You have certain rights a human being (at least in the western world).
    One is they cant search or arrest you without a good reason. They need to proove you are high or your smell comes from marijuana which you have in your pocket.

    They cant search.
    And if a cop ask if he can search you: Just say NO!
  7. Dyekocker

    Dyekocker New Member

    The cops will make up ANYTHING for PC. You can't stop them.
  8. Niteshift

    Niteshift L.E.O. in Good Standing

    "One is they cant search or arrest you without a good reason. They need to proove you are high or your smell comes from marijuana which you have in your pocket."

    The courts disagree. The smell of mj is recognizable.


    Dyekocker:

    "The cops will make up ANYTHING for PC. "

    That's a gross stereotype.
  9. Capt_Sternn

    Capt_Sternn Guest

    Smelling like weed

    If nothing else, a cop in Texas can arrest you for public intoxication. This requires no proof and allows for no trial, as it is entirely left to the officer's opinion. BTW, you can be arrested and fined for this even if you can prove to the contrary. Reeking of weed would easily get you a night in jail and a $100 fine, just as reeking of alcohol will. Best bet is to practice your civil disobedience in the privacy of your own home, and tumble your shirt in the dryer for a few minutes before going out (not that I would know anything about that, mind you).

    Reasonable suspicion is supposed to lead to a search warrent, but often doesn't. If you are visibly intoxicated on whatever, it gives the officer reasonable cause, according to modern court rulings, and he will get away with a warrantless search.

    It is in everyone's best interest if you deny consent to be searched. This is our right, and freedom requires us to be ever vigilant and to stand up for our rights. If the cop insists on searching anyway, it is wise not to resist, but to file a complaint. Resisting a cop can be deadly, innocent or guity doesn't matter. The death of innocents in considered to be collateral damage, much like McVeigh's killing of children.
  10. Niteshift

    Niteshift L.E.O. in Good Standing

    "Reasonable suspicion is supposed to lead to a search warrent, but often doesn't. "

    Search warrants must be based on probable cause, not reasonable suspiscion.

    "
    It is in everyone's best interest if you deny consent to be searched. This is our right, and freedom requires us to be ever vigilant and to stand up for our rights. If the cop insists on searching anyway, it is wise not to resist, but to file a complaint. "


    While your advice to not physically resist is good, you're missing a point.

    If you can be arrested for PI, as in Texas, there is an exception to the warrant requirement called "search incident to arrest". Every court upholds this. It is the officers absolutle right to search you after arresting you. Since you are now in his care, custody and control, he has the right to know what items you have on you, whether it is a gun or a bag of weed.

    This long standing principal, besides being common sense, is one that no court to my knowledge has ever ruled against.
  11. magicmoe

    magicmoe Guest

    Well what can I say
    Texas is ****ed up state!
  12. Niteshift

    Niteshift L.E.O. in Good Standing

    Texas isn't the only state where you can be arrested for simply being under the influence of a drug in public. California is another one.

    My state does not have a PI law and I'm fine with that. I'm just warning you to be careful with your assumptions about what can or cannot be legal grounds for a search.
  13. suede

    suede Activist

    smelling like Pot in public

    Is careless!Smelling like liquor,is worse(imho).The point being missed all the way around this subject is,the P.I.law,just like many others,is usually excercised under extreme conditions,like when a persons actions,or state of mind,appear threatening to themselves,or the majority, represented in that social order.

    :) alright,.....i'll go back where I belong;)b.s.
  14. Bacon

    Bacon Troll

    Smell is not evidence that can be used in court.

    It can be used as probable cause for a search of your person, home, or vehicle.

    If you stink like weed, and the cop searchs you and doesn't find anything he a) will be mad and b) has violated your rights.

    As a result, there is a good chance that since he is mad and has already violated your right that he will frame you. When you are charged for class 1 drug possession for the purpose of trafficking, do you think anyone important will believe you that you were framed?! NO!

    When you get framed, your life is over. The cops life continues. Is that fair?

    Be righteous.
  15. Niteshift

    Niteshift L.E.O. in Good Standing

    "Smell is not evidence that can be used in court."

    It certainly can be. It's done all the time. The smell of alcoholic beverages, the smell of gunpowder, the smell of mj.............

    "If you stink like weed, and the cop searchs you and doesn't find anything he a) will be mad and b) has violated your rights. "

    Wrong. If you just unloaded 50 lbs of pot 5 mins ago, the dog will still alert on your car and I will search it. And I won't have violated your rights. Find a court that will say I did.

    "As a result, there is a good chance that since he is mad and has already violated your right that he will frame you. "

    Not until we fly in with black helicopters, then we'll take you to the secret underground re-education camps :rolleyes:
  16. Capt_Sternn

    Capt_Sternn Guest

    Search warrants must be based on probable cause, not reasonable suspiscion.

    Thank you for that correction.

    While your advice to not physically resist is good, you're missing a point.

    If you can be arrested for PI, as in Texas, there is an exception to the warrant requirement called "search incident to arrest". Every court upholds this. It is the officers absolutle right to search you after arresting you. Since you are now in his care, custody and control, he has the right to know what items you have on you, whether it is a gun or a bag of weed.


    I'm not missing any point. Yes, once placed under arrest, a person can be searched. I do have a problem with automatic guilt, though.
  17. goodgirl

    goodgirl **********

    Captain Sternn

    I was going to send you a pm but you apparently have that feature turned off so I will say it here. Please leave any problems you may have with members on other boards out of the discussions here.

    In case any of your friends decide to drop in as well they are welcome but I will make them the same suggestion. Try to keep it civil.

    Peace
    ~GG
  18. Niteshift

    Niteshift L.E.O. in Good Standing

    What do you mean by automatic guilt? Even if you commit a crime in front of 60,000 people at the Orange Bowl, it still takes a trial to find you guilty.
  19. Capt_Sternn

    Capt_Sternn Guest

    Re: Captain Sternn

    I was going to send you a pm but you apparently have that feature turned off so I will say it here. Please leave any problems you may have with members on other boards out of the discussions here.

    PM seems to be off by default. You are correct, I shouldn't have made a comment about it. But then, you should have seen what I deleted as compared to what ended up being posted. :)

    In case any of your friends decide to drop in as well they are welcome but I will make them the same suggestion. Try to keep it civil.

    As someone else has told me before, don't make assumptions. Just because someone shares my views doesn't mean they are my "friends".
  20. Capt_Sternn

    Capt_Sternn Guest

    What do you mean by automatic guilt? Even if you commit a crime in front of 60,000 people at the Orange Bowl, it still takes a trial to find you guilty.

    Two examples that require little or no thought;

    Public Intoxication, I got nailed by this once by a cop having a bad day. I'll give him credit, he really did try to find something legit to bust me for. When that failed, he arrested me on a PI. My plan was to plead not guilty. Imagine my suprise when I was informed there was no plea, no trial, no disputing. Evidence is 100% the cops opinion, fact means nothing nor does proof. Doubt that? Well, I was driving at the time, so if I really had been intoxicated, I would have been charged with a lot more than a PI. I thought this may have changed over the years, but my cousin (local cop) has informed me that it hasn't.

    Controlled Substances Act, institutionalized automatic guilt on a national level. The very first part of the CSA recognizes that the federaly government can only regulate interstate trade. Then it states that it would be hard, if not impossible, to prove that the crime of transport across a state line had actually occured, therefore, the assumption is made that all controlled substances have or will cross a state line. Innocence, even proven beyond a resonable doubt, even beyond a shadow of a doubt, doesn't matter. There is no innocence. Either you have and they can't prove it or you might in the future, so they'll just go ahead and punish the person for it as a preventitive measure.

    The first time I read the CSA, that part jumped out at me. A person is supposed to be innocent until proven guilty, and the accuser is supposed to bear the burden of proof. So much for the American way, eh?

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