Welcome to the APBWeb.
Results 1 to 5 of 5
  1. #1
    bayern's Avatar
    bayern is offline Officer First Class
    Verified LEO
    Join Date
    04-19-06
    Location
    Dixie
    Posts
    1,765
    Rep Power
    1392797

    Burnt Marijuana - Not PC??

    Hope this isn't a trend.

    BOSTON (AP) — The odor of burnt marijuana alone is not enough for police to suspect criminal activity and order a person to get out of a car, the state’s highest court ruled Tuesday, citing a state law that decriminalizes possession of small amounts of the narcotic.

    SJC: Burnt Marijuana Odor Not Enough To Suspect Criminal*Activity « SJC: Burnt Marijuana Odor Not Enough To Suspect Criminal Activity « CBS Boston

  2. #2
    Five-0's Avatar
    Five-0 is offline Super Moderator
    Premium Lifetime Member
    Verified LEO
    Super Moderator
    Join Date
    05-15-06
    Posts
    10,982
    Rep Power
    8357018
    Good grief, because so many other things smell like burnt/burning weed.

    Meanwhile, fishing in Russia:

    http://www.youtube.com/watch?v=SkzV5AIK8iM
    "When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." -- Frederic Bastiat

    "Certainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway

    The opinions given in my signatures & threads DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "Five-0" on Officerresource.com

  3. #3
    pgg's Avatar
    pgg
    pgg is offline Damnit, I'm hungry again.
    Verified LEO
    Super Moderator
    Join Date
    06-16-08
    Location
    Fled the Emerald Triangle
    Posts
    10,991
    Rep Power
    3988409
    Maybe there it isn't but here it is
    'Political Correctness is a doctrine fostered by a
    delusional, illogical liberal minority, and rabidly
    promoted by an unscrupulous mainstream media, which
    holds forth the proposition that it is entirely
    possible to pick up a turd by the clean end!'

    “A fear of weapons is a sign of retarded sexual and emotional maturity.” Sigmund Freud

  4. #4
    213th's Avatar
    213th is offline Solipsist
    Join Date
    12-19-05
    Location
    64.3° N 149.1° W
    Posts
    3,672
    Rep Power
    1712095
    The article says it's because small amounts of MJ are "legal". I can see the argument, but I disagree if they are in a vehicle it should be PC. If you smell the odor of an alcoholic beverage is that not PC to order someone out to investigate?
    He who has the money, signs the cheques.
    He who signs the cheques, makes the rules.
    He who makes the rules, has the power.
    He who has the power, has the money.

  5. #5
    121Traffic's Avatar
    121Traffic is offline Just Us
    Verified LEO
    Site Moderator
    Join Date
    01-09-06
    Location
    Colorado
    Posts
    4,547
    Rep Power
    6332992
    That's Massachusetts for ya. Whether or not it justifies a search might be up for debate. Some judges here will make a decision based on what kind of odor...burnt vs. unburnt. As for having cause to have them step out?

    Quote Originally Posted by 213th
    The article says it's because small amounts of MJ are "legal". I can see the argument, but I disagree if they are in a vehicle it should be PC. If you smell the odor of an alcoholic beverage is that not PC to order someone out to investigate?
    I actually don't need PC, RAS, or any reason at all to ask you to step out of a vehicle. (YMMV...I speak only of my binding case law here in CO)The USSC has already ruled in Pennsylvania v. Mimms (1977) that officers on a traffic stop can ask the driver out of the vehicle at any time, and they need not articulate any specific reason. The dangers inherent in our job are reason enough. There's case law after that (I'll have to look it up later for the specific citations) out of the USSC that states that passengers are indeed lawfully seized occupants of the vehicle during a stop as well, and as such are lawfully subject to directions of the officers as well just as if they were the driver, meaning Mimms is applicable to them as well.

    I don't know what, if any, case law out of that district is any more restrictive than that. Of course, state constitutions can also afford more protection to its citizens than the Fed. I'll have to read the full article later.
    "If anything worthwhile comes of this tragedy, it should be the realization by every citizen that often the only thing that stands between them and losing everything they hold dear... is the man wearing a badge." -- Ronald Reagan, in the wake of the deaths of 4 CHP troopers in the Newhall Incident, 1970

    The opinions given in my posts DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "121Traffic" on O/R.

 

 

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •