Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Court ruling: Pot smell isn't cause to arrest everyone in a car

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
 
n2doc Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-18-08 07:10 PM
Original message
Court ruling: Pot smell isn't cause to arrest everyone in a car
Police need more evidence, state justices say

By LEVI PULKKINEN
P-I REPORTER

Supporters of marijuana decriminalization celebrated Thursday's decision by the state Supreme Court restricting police from arresting passengers simply for being in a car smelling of pot.

Justices were unanimous in the decision to overturn a 29-year-old precedent allowing officers to search or arrest passengers after smelling marijuana near a car. They found that simply being in a car smelling of marijuana isn't enough to outweigh the state constitution's robust privacy protections.

Advocates for drug-law reform cheered the ruling as a long overdue step in the right direction.

"As a general statement, it's a step back from the direction that our government has been going as we're veering into a sort of surveillance society," said Alison Holcomb of the American Civil Liberties Union's Washington chapter. "It strikes me as refreshing that the court has reaffirmed the values that our constitution calls for."

The court's decision will not bar authorities from searching a car because it smells of drugs, the court said. But justices indicated that a drug smell might be stronger evidence supporting arrest if there is only one person in a vehicle.

more:

http://seattlepi.nwsource.com/local/371288_potsmell18.html
Printer Friendly | Permalink |  | Top
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-18-08 07:11 PM
Response to Original message
1. Any more than garlic breath on the driver means everyone ate Italian
Truly a refreshing ruling in these times.
Printer Friendly | Permalink |  | Top
 
Taverner Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-18-08 07:14 PM
Response to Original message
2. W00t!
Printer Friendly | Permalink |  | Top
 
Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-18-08 07:17 PM
Response to Original message
3. This makes sense. Search the car. Test the driver. But arresting EVERYONE is overkill. n/t
Printer Friendly | Permalink |  | Top
 
Mnemosyne Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-18-08 09:39 PM
Response to Reply #3
6. Arresting everyone is revenue. :) n/t
Printer Friendly | Permalink |  | Top
 
Truth4Justice Donating Member (806 posts) Send PM | Profile | Ignore Fri Jul-18-08 10:01 PM
Response to Reply #6
9. Bingo!
Printer Friendly | Permalink |  | Top
 
CrispyQ Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-18-08 10:23 PM
Response to Reply #3
12. Test the driver?
Is there now a test that can determine that you've smoked very recently? I thought there was only the urine test which only determines if you've smoked or been around smoke in the past 30 or so days.

Did I miss something?

Printer Friendly | Permalink |  | Top
 
BalancedGoat Donating Member (255 posts) Send PM | Profile | Ignore Fri Jul-18-08 10:52 PM
Response to Reply #12
13. There isn't a test that I'm aware of.
But a few states have "zero tolerance" laws that make it illegal to drive if you have any detectable trace of a controlled substance or it's metabolites it your system.
Printer Friendly | Permalink |  | Top
 
Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-19-08 06:22 AM
Response to Reply #12
18. In addition to a Field Sobriety Test, there's also an oral swab test they can do.
How far can an oral swab drug test detect marijuana?
http://sg.answers.yahoo.com/question/index?qid=20070313155042AA0Qb8x

Printer Friendly | Permalink |  | Top
 
nradisic Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-18-08 07:29 PM
Response to Original message
4. It was about time...
Lately I feel like the SS is about to knock on my door....I'd like my civil liberties back.
Printer Friendly | Permalink |  | Top
 
ForeignSpectator Donating Member (970 posts) Send PM | Profile | Ignore Sat Jul-19-08 04:52 AM
Response to Reply #4
17. You don't mean these guys....
Printer Friendly | Permalink |  | Top
 
ZombieHorde Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-18-08 08:08 PM
Response to Original message
5. K&R
Printer Friendly | Permalink |  | Top
 
DaveJ Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-18-08 09:47 PM
Response to Original message
7. People really have been arrested for a smell??
A crazy cop pulled me over once and persistently insisted he smelled alcohol coming from my car and spend 5 minutes trying to get me to admit to it. He was so annoying I was tempted to say 'okay, sure I had a drink' just so he'd stop bothering me, but I had to keep reminding myself this was a cop trying to trick me. Maybe it was my wife's perfume or something but we hadn't had a drink all day. I can't believe a cop saying he smelled something could ever had been cause for arrest.
Printer Friendly | Permalink |  | Top
 
Truth4Justice Donating Member (806 posts) Send PM | Profile | Ignore Fri Jul-18-08 10:03 PM
Response to Reply #7
10. The police can and do lie to get an arrest. You did well.
Printer Friendly | Permalink |  | Top
 
DaveJ Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-18-08 10:17 PM
Response to Reply #10
11. I don't understand police anymore
It used to be I showed them a little respect and they could tell I was an honest guy and leave me alone. Now they see I'm an honest guy and that's makes them want to screw with me even more.

Maybe it's their psychological training that keys them into the fact that I would like to overturn the system if I ever have a chance. But if they just look at my record it's totally clean, so they're just wasting their time.
Printer Friendly | Permalink |  | Top
 
Truth4Justice Donating Member (806 posts) Send PM | Profile | Ignore Sat Jul-19-08 09:49 PM
Response to Reply #11
33. I am polite but will not engage in any coversation with any officer during say a traffic stop. The .
Edited on Sat Jul-19-08 10:03 PM by Truth4Justice
..police bother me more then anything because they consider you a danger or guilty of a crime until you can prove otherwise these days. Best thing is to show your ID and keep pressuring them that you have someplace to be because if you don't you might end up in jail on some bogus charge. Its no wonder that lots of people don't trust them anymore. It isn't about safety, its all about making arrests and making money with the un- justice and unlawful law enforcement systems in this country.
Printer Friendly | Permalink |  | Top
 
MullenBank Donating Member (141 posts) Send PM | Profile | Ignore Fri Jul-18-08 09:54 PM
Response to Original message
8. I'm taking a night class...
statistics... and a guy I sit near is an attorney. He's got horror stories about defending ppl arrested for mere possession. Smoking is dumb. Smoking pot is especially dumb in that it wastes your precious time and harms your lungs. You could be out making money, improving your situation or giving to someone else. Plus it makes you dull. But criminal? naaaaaaa....
Printer Friendly | Permalink |  | Top
 
Patchuli Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-18-08 11:07 PM
Response to Reply #8
14. I'm glad this is America
where folks are allowed to have opinions, even if they're 'dumb!' Pot doesn't hurt your lungs as much as the pollution in the air and has actually been found to beneficially affect the body's protection against cancer. That's NOT dumb.
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x3494434

As for the rest of your opinion, pot neither keeps you from being "out making money, improving your situation or giving to someone else." As for "dull?" LOL! Where did you get this silliness???????:P
Printer Friendly | Permalink |  | Top
 
MullenBank Donating Member (141 posts) Send PM | Profile | Ignore Sat Jul-19-08 06:59 AM
Response to Reply #14
20. I used to sell bongs to
stoners in Newark, DE. Saw'em by the thousands. I had no particular opinion when I started the job but by the time I got a real one I'd already decided the company of stoners bores the hell out of me WHEN THEY ARE STONED. Stoners just aren't dull to other stoners, man, just as drunks are interesting to other drunks. If you are unclear on this go ask a bartender. Be sure to tip.

Pot steals your time. My time is priceless and though I wouldn't presume to put a dollar figure on your time I'd wager you value it greatly 'cause, like land, they ain't making any more of it .

The idea that smoking -anything- could be less harmful than breathing the air seems counter-intuitive.

As for protection against cancer- well if you say so. Medical CW is subject to reversals; blanket statements with respect to cancer prevention are suspect. It just sounds like you were writing that pot can prevent cancer.

We have common ground though. I absolutely love this country-- it is the greatest system for increasing human happiness ever devised. Despite the flaws whateverthefuck system in second place is a receding speck in the rear view mirror of this great nation.
Printer Friendly | Permalink |  | Top
 
Patchuli Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-19-08 11:39 AM
Response to Reply #20
25. I've been a bartender, I don't need to check that out
but I'm glad we're Americans and can agree to disagree.

Have you ever partaken, by the way? You don't speak from a standpoint that appears to have personal knowledge.
Printer Friendly | Permalink |  | Top
 
MindPilot Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-19-08 11:57 AM
Response to Reply #20
28. Yeah, umm, whatever dude.
You are sitting there posting your as-worth-as-much-as-anyone-else's opinion an Internet forum. I'm doing the same thing and also smoking a joint and drinking a cup of coffee.

But only one of us is wasting our time. Got it.
Printer Friendly | Permalink |  | Top
 
Lorentz Donating Member (302 posts) Send PM | Profile | Ignore Sat Jul-19-08 12:10 PM
Response to Reply #28
30. What do you do when (if) you're not on the message board?
Edited on Sat Jul-19-08 12:45 PM by Lorentz
Drinking coffee and toking up, huh? Is it 10:20am already?


Printer Friendly | Permalink |  | Top
 
MindPilot Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-19-08 12:49 PM
Response to Reply #30
31. Same as anyone else...
I have a regular job with a very decent salary, and on the weekends I catch up on all the household chores. If there is any time left over after that's done, I will engage in my hobby which is woodworking.

Believe it or not there are entire days go by that I don't read message boards.
Printer Friendly | Permalink |  | Top
 
Zhade Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-20-08 12:55 AM
Response to Reply #30
38. 10:20?
:rofl:

You can't even get your stoner lore right!

Printer Friendly | Permalink |  | Top
 
Zhade Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-20-08 12:54 AM
Response to Reply #20
37. My doctors - yes, plural - agree that it's helped my eyes.
In fact, they've gotten better over the last year - that's what the undeniable medical evidence shows.

Sorry, you're wrong on this.

Printer Friendly | Permalink |  | Top
 
MullenBank Donating Member (141 posts) Send PM | Profile | Ignore Sun Jul-20-08 08:09 AM
Response to Reply #37
39. Get well soon
Edited on Sun Jul-20-08 08:10 AM by MullenBank
Really.

As for protection against cancer- well if you say so. Medical CW is subject to reversals; blanket statements with respect to cancer prevention are suspect. It just sounds like you were writing that pot can prevent cancer.

As you can read the portion of the post relevant to prevention and cure dealt exclusively with cancer. Are you writing that pot is shrinking your tumors? Are your doctors claiming that marijuana use is demonstrably resolving your tumors? If so, that is fascinating.
Printer Friendly | Permalink |  | Top
 
jberryhill Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-18-08 11:43 PM
Response to Reply #8
16. Unless you get paid to smoke pot...

...but we had too many applicants for that position the last time we put it in the classifieds.
Printer Friendly | Permalink |  | Top
 
MullenBank Donating Member (141 posts) Send PM | Profile | Ignore Sat Jul-19-08 07:05 AM
Response to Reply #16
21. Not worth it.
Edited on Sat Jul-19-08 07:08 AM by MullenBank
Well to me anyway. No shock you turned away applicants. We drug test "for cause"-- meaning any accident more serious than a stubbed toe. I end up firing (well, not me per se as I have ppl to do that for me -- I really can't be bothered with that nonsense) floor techs routinely 'cause their urine is dirty. No big deal. Plenty of potheads around to push a buffer at minimum wage. As William Boroughs wrote room inside for one more, sir.
Printer Friendly | Permalink |  | Top
 
uncle ray Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-19-08 11:44 AM
Response to Reply #21
26. pushing a buffer around for minimum wage
with you as a boss sounds like more of a waste of time and health risk than smoking pot.
Printer Friendly | Permalink |  | Top
 
MindPilot Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-19-08 12:03 PM
Response to Reply #26
29. Yeah that buffer is one dangerous piece of equipment! And so COMPLICATED11!!
Sounds like the kind of work environment where you pretty much have to stay baked just not go postal on your jerkwad boss.
Printer Friendly | Permalink |  | Top
 
Name removed Donating Member (0 posts) Send PM | Profile | Ignore Sat Jul-19-08 10:20 PM
Response to Reply #21
34. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
Zhade Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-20-08 12:52 AM
Response to Reply #8
36. Wrong, wrong, wrong. It not only DOESN'T hurt you, it kills tumors.
Fact.

Doesn't make you dull or dumb, either - unless you smoke too much indica.

Printer Friendly | Permalink |  | Top
 
mdmc Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-18-08 11:08 PM
Response to Original message
15. Activist Judges
Doin it for the people...
Printer Friendly | Permalink |  | Top
 
Deja Q Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-19-08 06:23 AM
Response to Original message
19. Oh, get hip! Second hand smoking is all da range in potsville!
:smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :party: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :bounce: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke: :smoke:
Printer Friendly | Permalink |  | Top
 
hootinholler Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-19-08 09:22 AM
Response to Reply #19
22. HEY! Don't disparage Pottsville!
I was born there. Just up the road from Intercourse.

-Hoot
Printer Friendly | Permalink |  | Top
 
dajoki Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-19-08 09:51 AM
Response to Reply #22
23. Pottsville, PA?
I live about 25 miles up 61 from there. Coal Region Rules!!
Printer Friendly | Permalink |  | Top
 
Leftist Agitator Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-19-08 11:50 AM
Response to Reply #22
27. Yuengling.
That is all.
Printer Friendly | Permalink |  | Top
 
Occam Bandage Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-19-08 09:54 AM
Response to Original message
24. Seems reasonable. They can search the car, and if there's one person they might be able to arrest,
but arresting everyone is of course out of the question. Being near someone who has recently smoked pot is not a crime.
Printer Friendly | Permalink |  | Top
 
Papa Boule Donating Member (363 posts) Send PM | Profile | Ignore Sat Jul-19-08 05:56 PM
Response to Original message
32. Robust constitutional privacy protections? What are those?
I seem to remember something like that used to exist. But you don't hear much about them anymore.
Printer Friendly | Permalink |  | Top
 
Zhade Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-20-08 12:51 AM
Response to Original message
35. YES! One step closer to freeing the beneficial herb!
NT!

Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Fri May 03rd 2024, 10:43 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC