Marijuana.com

magicmoe

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

 

Niteshift

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.

__________________
A burning desire for social justice is never a substitute for knowing what you're talking about. -Thomas Sowell

Sometimes the light at the end of the tunnel is muzzle flash.

suede

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 belongb.s.

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End World Hunger

Bacon

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.

Niteshift

"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

 

Capt_Sternn

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.

goodgirl

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

__________________
"Sometimes being a bitch is all you have to hold onto." ~Dolores Claiborne

Niteshift

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.

Capt_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".

Capt_Sternn

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?