Marijuana.com

simibaby

Just wondering, for future reference. If you are stopped while driving and a cop SMELLS pot odor, but no other evidence, can you:

a) Be forced to take a breathylizer test (or whatever test)?

b) Be arrested for DUI? (Even if you have not broken any rules)

c) Have to allow the cop to search you and your car?


I'm intersted in New York State, NJ, Conn and PA

Thanks to anyone who knows!

 

Niteshift

a) Be forced to take a breathylizer test (or whatever test)?

In most states, there is a provisions to take either urine or blood tests if drugs are suspected instead of alcohol.

b) Be arrested for DUI? (Even if you have not broken any rules)

DUI includes drugs. But the officer will need more than just the odor to arrest you.

And if you are driving or in physical control of a vehicle while intoxicated, you are ALREADY doing something wrong.

c) Have to allow the cop to search you and your car?

If they have probable cause, your permission is not needed. The odor alone is usually probable cause.

And, if you are arrested, a search of your person and vehicle are allowed as well.

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Inhousecounsel

It's probable cause to search the interior of the car in all three states. And yes you can get busted for on a DUI for driving high, even if your driving is perfecto. (That said, a lot of people think they're better drivers stoned because the paranoia makes them more cautious - not something that flies w/ your typical magistrate, though.)

king cola

A few years ago my cousin and some of his friends were pulled over for speeding i think it was. They had just got done smoking pot and threw the roach out the window a little while before getting stopped. The state cop smelled the pot and called for backup, about 3 more cops showed up. They told my cousin and his friends to get out of the car, patted them down, they didn't find anything. They ended up letting them go, i forgot if they got any tickets or not, they probably did. I think if a cop can't get you for one thing they will get you for another, especially after going through the trouble of calling for backup and everything else.

narc emery

This advice might sound oversimplified to some, and unthinkable to others....but, here goes:

If you don't smoke weed in your vehicle, then you don't have to worry about getting busted in your vehicle.

Think about it....you're only opening the door to unwanted attention, and enhancing your chances of a trip to jail. There's already enough to be concerned about when trying to safely operate a motor vehicle, adding another variable (an illegal one at that!), such as cannabis won't help at all....

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TheNewGuy

I can't think of a better way of putting it than that. Driving while under the influence of anything is stupid, not to mention the fact that theres absolutely NO FRIGGIN' REASON to smoke pot in your car. Seriously, whats the point?

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"Anyway, no drug, not even alcohol, causes the fundamental ills of society. If we're looking for the source of our troubles, we shouldn't test people for drugs, we should test them for stupidity, ignorance, greed and love of power." ~P.J. O'Rourke

Cassius

You know how non-smokers can pick up the scent of tobacco on you, your clothes, your car, your house, etc? Usually quite easily.

Well, pot smells even stronger than tobacco. You get acclimated to it if you smoke regularly, so you might not even notice. But let me tell you this -- if you smoke weed in your car, a cop WILL smell it. Most likely for days after you smoke, unless you spend a while airing it out and/or febreezing it.

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Niteshift

Absolutely correct Cassius.

I smoke cigarettes and even with my stunted sense of smell, I can smell pot from quite a long distance. I can pick it out when someone walks by me in a smoke-filled bar. It is a distinct and strong odor.

SkyTripper

Pot smoke just smells better than cigarette smoke and anytime I smell it I just wish I was there.
I just think......Ahhh...."somebody's enjoyin themselves."

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livefreeordie

with so many people pushing for legalization, it is foolish to give lawmakers any more ammo as to why they shouldn't ... in other words...KEEP IT IN THE PRIVACY OF YOUR OWN HOMES....driving is a privlage not a right... also, there are sobriety tests for drugs which can give you a DUI. even a person w/ prescription drugs can get busted for operating under the influence.. IT ONLY HURTS OUR CAUSE...BE RESPONSABLE AS SO MANY THINK WE AREN'T