Marijuana
04-06-2005, 05:15 AM
| #1 |
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|  Probable Cause What is that **** really. can they search my car if it smells like weed? or can they only do that when they see it. (i am a minor) |
 
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04-06-2005, 06:21 AM
| #2 |
| L.E.O. in Good Standing   Join Date: Dec 2000
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| The smell of marijuana is probable cause.
__________________ 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. |
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04-06-2005, 06:30 AM
| #3 |
| May be habit forming   Join Date: Mar 2004
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| taken from www.dictionary.law.com probable cause n. sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime. While some cases are easy (pistols and illicit drugs in plain sight, gunshots, a suspect running from a liquor store with a clerk screaming "help"), actions "typical" of drug dealers, burglars, prostitutes, thieves, or people with guilt "written across their faces," are more difficult to categorize. "Probable cause" is often subjective, but if the police officer's belief or even hunch was correct, finding stolen goods, the hidden weapon or drugs may be claimed as self-fulfilling proof of probable cause. Technically, probable cause has to exist prior to arrest, search or seizure. |
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04-06-2005, 07:06 AM
| #4 |
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| "Technically"... haha... |
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04-06-2005, 07:16 AM
| #5 |
| Yes...Technically...as in "He got off on a Technicallity" So yes, the police have to "do it by the book" which is basically hte law or shall we say their "technical manual" | |
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04-06-2005, 03:28 PM
| #6 |
| L.E.O. in Good Standing Join Date: Dec 2000
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| That's not a bad definition, but not entirely correct. Some searches can be based on reasonable suspicion. For example, you can be searched for a weapon based on reasnable suspicion. |
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04-07-2005, 01:21 AM
| #7 |
| Banned Join Date: Jan 2004
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| wow niteshift, I thought you had dissapperead from the forum. Glad to see your still in action. |
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04-07-2005, 02:01 AM
| #8 | |
| Quote:
 --- that Reasonable Suspicion as applied in your scenario was based on the concept of the police officer being allowed to protect themself from an person when there was a "reasonable suspicion" to believe them armed. Examples would be: being notified by a family member that father "always" carried his hunting knife. And reasonable suspicion is limited by that same line of thinking as well....but it has been awhile since I looked in those dusty tomes  ...What's the story on this Niteshift? | ||
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