Another question for the Officers on board!

[jtaylor]

I'm a frequent reader on this forum but have never had a need to post. Last night a certain incident happened that I was involved in and I am kind of curious.

First of all I live in a fraternity. Whenever we throw big parties, police are required to maintain the peace. Sometimes we have cool police who don't care about anything and other times (like last night) we will have a dick who is out to find anything they can. I can't say I blame them, they are campus police, they don't have much else to do on campus. Anyways.

An officer was walking through the halls and smelled some weed. This weed was from somewhere, probably someone who smoked in their car and came to the party. When he smelled it looked in my room (someone had left the door open, I usually close it) and he saw my hookah. Now I travel all around the world so I have some odd things in my room, one being a hookah from Egypt. Immediately the cop came in my room and did his search. It took some convincing but I made him realize that I wasn't full of s*** and I had to been to Egypt. Soon as I showed him a picture of me in front of the Pyramids he realized he wasn't getting anywhere.

Before he left he told him he should arrest me for that but I thought he was full of s***, just a scare tactic. I guess my question is, is a hookah considered probable cause when he is walking by. Now just to let you know, I never smoke weed out the hookah, and hardly do I ever smoke sheesha (tobacco) out of it anymore, it is merely decoration for my room. He didn't search anywhere else in my room and was wondering if he could have if he wanted to. Thankfully he didn't cause I had enough stuff in my room to make a campus office do backflips. Any info would be welcomed, as I'm just wondering out of curiosity and furthering my info on my personal rights.

Thanks in advance.

jon

[Niteshift]

It could probably be argued that the hookah is PC if he could articulate that based on his training and experience the item is commonly used for smoking mj. This would be coupled with the odor of pot he smelled.

Leaving your door open figuratively gave him an open door. When he looked in, the item was in plain view. While I'm not sure of your particular schools policies about housing on campus, in many of them, a warrant wouldn't be needed based on the plain view item and the presence of the odor of mj.

While you feel the guy was a jerk, look at it this way......at least he actually listened to you explain and looked at the pictures instead of just ignoring you and hooking you right away.

[nacrypt]

If marijuana were legal then more people would choose to smoke it instead of drinking. This would make frat parties have a lot less reason for the police to be involved to begin with.

It is ironic that a drug the spurns aggression, like alcohol, is legal, while a drug than encourages calm, pot, is not. Also, I hate the fact the police around colleges think that they have to be surrogate parents to the students and bust them for normal college activities like marijuana smoking and underage consumption of alcohol.

The puritanical notions that are so prevelant in this country have erroded our freedom and has turned the government against its citizens. People like to drink and they like to smoke pot, a smart society would help people use these substances safely and without destroying one's professional life. I know it is possible because it works for me and the vast majority of my friends.

[troublemaker_42]

Originally Posted by nacrypt

If marijuana were legal then more people would choose to smoke it instead of drinking. This would make frat parties have a lot less reason for the police to be involved to begin with.

It is ironic that a drug the spurns aggression, like alcohol, is legal, while a drug than encourages calm, pot, is not. Also, I hate the fact the police around colleges think that they have to be surrogate parents to the students and bust them for normal college activities like marijuana smoking and underage consumption of alcohol.

The puritanical notions that are so prevelant in this country have erroded our freedom and has turned the government against its citizens. People like to drink and they like to smoke pot, a smart society would help people use these substances safely and without destroying one's professional life. I know it is possible because it works for me and the vast majority of my friends.

Is it just me, or is this completely off topic? I didn't notice any relation to the question at hand, probable cause, or the search of the room. other than"if marijuana was legal, this wouldn't happen" it had NOTHING to do with the orignal post

[Buzzby]

Originally Posted by nacrypt

If marijuana were legal then more people would choose to smoke it instead of drinking. This would make frat parties have a lot less reason for the police to be involved to begin with.

And this is because people who smoke marijuana don't turn their sound systems up to painful levels or do stupid things at parties?

Also, I hate the fact the police around colleges think that they have to be surrogate parents to the students and bust them for normal college activities like marijuana smoking and underage consumption of alcohol.

Police officers don't "think that they have to be surrogate parents". They think that they have to do their job, which is enforcing the law. There are no special exemptions from the laws against marijuana and underage drinking just because you're on a college campus.

The puritanical notions that are so prevelant in this country have erroded our freedom and has turned the government against its citizens. People like to drink and they like to smoke pot, a smart society would help people use these substances safely and without destroying one's professional life.

Our chances of getting marijuana legalized (and lowering the drinking age) would be greatly enhanced if users didn't have a reputation for disturbing the peace.

[jtaylor]

Originally Posted by Niteshift

It could probably be argued that the hookah is PC if he could articulate that based on his training and experience the item is commonly used for smoking mj. This would be coupled with the odor of pot he smelled.

Leaving your door open figuratively gave him an open door. When he looked in, the item was in plain view. While I'm not sure of your particular schools policies about housing on campus, in many of them, a warrant wouldn't be needed based on the plain view item and the presence of the odor of mj.

While you feel the guy was a jerk, look at it this way......at least he actually listened to you explain and looked at the pictures instead of just ignoring you and hooking you right away.

Thanks for the info Niteshift. I figured that would be the answer, just had to ask. Apparently I was talking to a friend who was sober that night at the party and doing security. He said the cop never smelled weed, he just said that as soon as he saw my hookah and waltzed in the room.

Also, this officer simply just looked around my room and shining his flashlight. He never opened my drawers and fiddled through stuff. Was this because he couldn't it or didn't have enough interest. Personally I felt he was asking me all those questions cause he didn't have anything on me. Also something I didn't mention earlier, campus police aren't too fond of fraternities, especially ours. He was looking oh so very hard all night to get something on our fraternity, whether it was pot or someone with a beer can, it was all the same to them.

I am also thankful that he didn't write me up or doing anything along those sorts. This is why I am nice and cooperative with cops and I'm sure he noticed that. I had everything to lose that night and nothing to gain. Even though most of the causes and effects I am describing are pretty common sense, it had me baffled cause I have had that hookah in the same spot in my room for a year, and countless parties and countless cops have walked by and never flinched. Obviously this officer that night cared a little more than the others.

jon

[Niteshift]

Also, this officer simply just looked around my room and shining his flashlight. He never opened my drawers and fiddled through stuff. Was this because he couldn't it or didn't have enough interest.

Probably a little of both.

If he was just looking and shining the light, he was relying on plain view and not worrying about needing to go for a warrant.

[nacrypt]

Originally Posted by troublemaker_42

Is it just me, or is this completely off topic? "if marijuana was legal, this wouldn't happen"

Yes! It just is stupid that situations like this happen again and again because of marijuana prohibition. Things like this SHOULD NOT happen. My guess is that 2005 is going to set another record for marijuana posession citations. Does anyone have any idea of how to make this madness end?

[Niteshift]

Does anyone have any idea of how to make this madness end?

Successfully legalize pot.

[grillmeats]

Originally Posted by Niteshift

Does anyone have any idea of how to make this madness end?

Successfully legalize pot.

If It were That Easy, it would have happened, but thanks for the thought.