Marijuana.com

Originally Posted by goodgirl

Unfortunately under the law I believe that the officer did have the right to search. He did not need Bailey's permission because he had probable cause.


As has been stated in this forum a few times it has been determined by the courts that the smell of weed is probable cause. An LEO is considered an expert and his belief that there was the smell of marijuana is considered justification for a search.


The bust card would have done Bailey no good in this case because his consent was not asked for...because it was not needed.


I think the law is unfair and is too open to abuse but that is the way things stand right now. Any officer can of course claim to smell marijuana and there is no way to prove that he did not. Perhaps the officer was just hassling him, but under the law it doesn't seem to me that there is anything that could be done about it.


Always refuse if you are asked for permission to search..because if they have probable cause they won't bother asking. Do not however make it harder on yourself by obstructing the officer once he has determined that he has legal justification for the search.


It sounds to me like Bailey and his friend's took the only course of action available to them. Yes it sucks moose but that is how it stands right now. That is why we have to work to get the laws changed.

Originally Posted by Daniel

I am not trying to rip on anybody... I did just about the same thing once...

My recipe:

Open warrant (failed to pay fine for dui)
Crappy car (muffler was missing I think)
1 cop.


I was arrested, booked, jailed and transported (3 day proceess) to see a judge for $200.

Anyway... I was stupid, I didn't argue with the arresting officer. I did ask why he pulled me over. He told me that it was the vehicle and 9 times out of 10 he would have pulled it over. (I call that at least consistant, but not fair)

The cop found a bowl in the car and threw it away. He did not look for anything else that day though. (There wasn't anything in the car anyway).