Marijuana.com

Buzzby

Wrong! Get your facts straight there BartSimpson!

Your car cannot be legally searched for no reason, not in the United States of America. There must be probable cause to get a warrant, a reasonable suspicion that a crime is being committed, the owner/operator must give permission, or the search can be conducted pursuant to an arrest. Otherwise the search is illegal and any evidence found would be inadmissible in court because it would be "fruit of the poisoned tree".

Bad advice like this can really hurt someone! If people believe that they have no right to privacy under the Fourth Amendment they'll have no reason to refuse to be searched.

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BartSimpson

We agree, "without reason" being the effective element. I was wrong to write those two words. Dang, you're good Buzzby.

But with probable cause, the police may search your entire car. Do I need to dig up all the niteshift posts that explain it?

troublemaker_42

Well, the advice wasn't toally incorrect. If the officer didn't have permission or probable cause, the statement is indeed true. If permission was granted, or the officer had PC, then its a whole different ballgame. We don't have the details, so its premature to claim the search was illegal OR legal. We simply don't have the whole story, and details are important in deciding wether or not the search was a legal, valid search or a violation of his rights. I don't recall the origianl poster stating that the officer had PC or permission, so the advice wasn't completely invalid at all.

troublemaker_42

Oops...didn't realize we were already on page 2 when i replied...Buzzby's sentiments echo my own thoughts on this matter

buzzmobile

This is why I recommended a lawyer. It's all well and good for us to be discussing this "case", but if I was faced with an uncertain legal situation I would be discussing it with an attorney.

 

troublemaker_42

I would as well, but I don't see any harm in discussing the case in the forums also. after all, isn't that what this forum is for? to discuss legal issues? I mean, "seek the advice of an attorney" COULD be used as an answer to most any question here.

BartSimpson

I do not disagree with Buzzby or you TM, but the poster indicated that they had smoked in the vehicle and the assumption I made was odor was present. Hence my reference to "stinking".

Still, if I could help the youthful members (I am as old as Buzzby), it would be to take preventative efforts and not consider a vehicle safe for smoking (upon which we agree?) because they seem to be the source of many "busted" stories. With the elements of probable cause present, the stash is found with little hope for forbidden fruit.

Buzzby

Couldn't you say "I'm older than Buzzby"? I'm tired of being the oldest guy on this site.


While a vehicle isn't as safe as your living room, you can take measures to reduce the risks.

Risk reduction for smoking in vehicles

Telling kids not to smoke in cars is probably as useful as telling them not to have sex and not to smoke pot. I'm suggesting the equivalent of teaching safe sex.

lijnbaansgracht

Here I'll say it, I'm older than Buzz. But I can still faintly remember that my car was my first taste of freedom, like a first apartment (on wheels). If you are some-teen years old you most likely have nowhere else to light-up. So learn and use this valuable information, and be smarter next time.

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The secret of life is in enjoying the passage of time.

Buzzby

I always preferred the parks, where I could commune with nature and have line-of-sight on anyone approaching within a couple of hundred yards.

How old are you? Make my day!