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 mr.bixby
Routine waxes cold
Registered: 03/14/08
Posts: 1,246
Loc: The West is the Best
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 Appeals Court upholds search of aromatic car (in pot bust) 
#11753397 - 01/02/10 02:27 PM (14 years, 3 months ago) |
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http://www.deseretnews.com/article/705355331/Court-upholds-search-of-aromatic-car.html
SALT LAKE CITY — A Utah Highway Patrol trooper was correct in detaining a motorist whose car reeked of oranges and air fresheners for questioning beyond a routine traffic stop because the trooper could reasonably suspect the driver was transporting illegal drugs, according to the Utah Court of Appeals.
The Appeals Court, in a ruling issued Dec. 31, upheld the trooper's actions and also affirmed a trial court's decision to deny the woman's motion to suppress evidence found by a drug-sniffing dog.
"Indeed, in light of trooper's training and experience, under the circumstances of this case, he likely would have been derelict in his duties if he sent the defendant on her way, uncritically assuming that defendant simply liked citrus fruit, wanted a germ-free and shiny car and enjoyed a bizarre fragrance while driving," the ruling said.
UHP Trooper Jason Jensen stopped driver Heather Richards on Nov. 8, 2007, after Jensen said he saw Richards cross a highway line and also tailgate another vehicle.
Richards gave Jensen her California driver's license, said the car belonged to her roommate and told him she was traveling to Minnesota to pick up her young son who did not like to fly. During the conversation, Jensen said, he smelled "bizarrely strong" and "overwhelmingly strong" odors of oranges and what he thought were air fresheners. Looking into the car, he spotted orange rinds scattered on the floorboard, a can of Lysol, a can of Armor All and two cell phones.
Jensen later testified that had been trained to look for such things because they often are used by drug couriers.
He called another officer who arrived with a drug-sniffing dog that went to the car's trunk. When it was opened, police found 60 pounds of marijuana, the ruling said. When Richards was asked to get out of the car, a smoking pipe fell to the ground. She was arrested after being detained about 14 minutes.
Richards was charged in the Silver Summit 3rd District Court in Park City with possession of a controlled substance with intent to distribute, possession of drug paraphernalia and two traffic offenses. Following a preliminary hearing, she was bound over for trial. She filed a motion to suppress evidence found by the dog-assisted search, and later entered a conditional guilty plea that reserved the right to appeal the suppression decision.
The Court of Appeals cited case law that said police can detain drivers when doing such routine things as looking at the driver's license and registration, running a computer check and issuing citations, but cannot hold someone unduly long unless there is "reasonable suspicion" based on specific facts that can be articulated that some type of criminal activity is going on.
Jensen had undergone "highway interdiction training" to search vehicles for illegal items and had learned that multiple air fresheners and multiple cell phones are "indicators" of possible drug trafficking.
The "overwhelming" and "abnormal" smell of air fresheners in Richards' car constitute objective facts that gave Jensen "a reasonable, articulable suspicion that defendant was transporting illegal drugs" and the trooper was justified in extending the scope and duration of Richards' detention at the scene, the court ruled.
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finality [faɪˈnælɪtɪ]
n pl -ties
1. the condition or quality of being final or settled; conclusiveness.
2. a final or conclusive act
Long live the Shroomery and I'm done with it.
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 NobodyImportant
Stranger
Registered: 05/04/08
Posts: 1,016
Loc: Jawjuh.
Last seen: 11 years, 7 months
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Re: Appeals Court upholds search of aromatic car (in pot bust) [Re: mr.bixby]
#11753868 - 01/02/10 03:39 PM (14 years, 3 months ago) |
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yeah its really bizarre to have citrus air fresheners ?
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Germican
Wyld Stallyn
Registered: 05/22/09
Posts: 325
Last seen: 7 years, 4 months
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Re: Appeals Court upholds search of aromatic car (in pot bust) [Re: NobodyImportant]
#11754134 - 01/02/10 04:21 PM (14 years, 3 months ago) |
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Quote:
NobodyImportant said:
yeah its really bizarre to have citrus air fresheners ?
When the scent is stronger than walking through an orange field yes. The number of items to create that scent would raise red flags for me instantly. The orange reins on the ground is quite out of the ordinary. As long as you blend in and don't make it look obvious your hiding something you should be fine. This person was asking for it if they were to be pulled over.
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Brennus
Student of Life
Registered: 05/31/08
Posts: 3,297
Loc: SE United States 
Last seen: 6 years, 1 month
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Re: Appeals Court upholds search of aromatic car (in pot bust) [Re: Germican]
#11754363 - 01/02/10 04:55 PM (14 years, 3 months ago) |
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What a crock of shit. So, apparently, you can be detained because you use air freshener in your car.
Granted, that woman is a gibbering idiot. Never break the law when you're already breaking the law, but this is a terrible ruling.
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Germican
Wyld Stallyn
Registered: 05/22/09
Posts: 325
Last seen: 7 years, 4 months
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Re: Appeals Court upholds search of aromatic car (in pot bust) [Re: Brennus]
#11754437 - 01/02/10 05:08 PM (14 years, 3 months ago) |
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Using air freshener is one thing...using so much and then using multiple forms of it is another. Using orange rinds on the ground is not usual. Nor is using a large amount of air freshener. I am assuming this person had 2-4 air fresheners placed through out the car based on the information this is stating. One of the above might just make me concerned but may not think to much of it. When both are being done it would instantly raise a few red flags. If you were a cop and stopped this person seeing what was stated in plain sight...you would need to be a complete dumbass to not go "Hmmmm are they trying to hide something?"
Don't blame the cops blame the laws it's there job to enforce it.
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oxalic32
Registered: 01/27/08
Posts: 3,615
Loc: .
Last seen: 12 years, 11 months
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Re: Appeals Court upholds search of aromatic car (in pot bust) [Re: Brennus]
#11754442 - 01/02/10 05:09 PM (14 years, 3 months ago) |
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Cover up is a bad strategy. Just think of a kid burning in their own house. If mom or dad walks in and smells overwhelming febreeze or incense aren't they going to think something is up?
If you get pulled over and it reeks of coverup smell isnt that suspicious?
Vacuum seal your shit. Then Vacuum seal it again. Then put it in an air tight container.
Honestly if you're moving 60 pounds you DONT WANT TO GET CAUGHT. Do whatever it takes to not get caught or don't bother trying.
Quote:
When Richards was asked to get out of the car, a smoking pipe fell to the ground.
How stupid are you? Seriously.
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smokescreen
80's Transformer
Registered: 08/13/09
Posts: 828
Loc: north carolina
Last seen: 10 months, 3 days
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Re: Appeals Court upholds search of aromatic car (in pot bust) [Re: oxalic32]
#11756769 - 01/03/10 12:33 AM (14 years, 3 months ago) |
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Quote:
oxalic32 said:
Cover up is a bad strategy. Just think of a kid burning in their own house. If mom or dad walks in and smells overwhelming febreeze or incense aren't they going to think something is up?
If you get pulled over and it reeks of coverup smell isnt that suspicious?
Vacuum seal your shit. Then Vacuum seal it again. Then put it in an air tight container.
Honestly if you're moving 60 pounds you DONT WANT TO GET CAUGHT. Do whatever it takes to not get caught or don't bother trying.
Quote:
When Richards was asked to get out of the car, a smoking pipe fell to the ground.
How stupid are you? Seriously.
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 "Let's get together and feel alright"   
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AsAboveSoBelow
The matrix has you
Registered: 02/06/08
Posts: 2,515
Last seen: 12 years, 6 months
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Re: Appeals Court upholds search of aromatic car (in pot bust) [Re: smokescreen]
#11757250 - 01/03/10 03:56 AM (14 years, 3 months ago) |
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covering up scents with another scent is retarded... ALWAYS use unscented air deodorizers
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You're gonna get hurt real bad 
They that sow the wind, shall reap the whirlwind
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myco99
myconade
Registered: 09/24/09
Posts: 1,001
Loc: USS Eldridge
Last seen: 3 years, 1 month
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Re: Appeals Court upholds search of aromatic car (in pot bust) [Re: AsAboveSoBelow]
#11757417 - 01/03/10 05:40 AM (14 years, 3 months ago) |
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Quote:
AsAboveSoBelow said:
covering up scents with another scent is retarded... ALWAYS use unscented air deodorizers
Event those are largely attempts to cover up the scent. What is needed is a portable negative ion generator, which will chemically and literally erase the scent caused by the positive ions floating about.
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143/0x63/99...It's like watching the mycelium grow...
WARNING: You must be 21 years of age to experience hallucinations.
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