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Ahab McBathsalts
OTD Windmill Administrator



Registered: 11/25/02
Posts: 35,189
Loc: Wind Turbine, AB
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Laws against smelling like pot?
#2009035 - 10/14/03 05:20 PM (20 years, 7 months ago) |
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If you were to smell strongly of pot, but not have anything on you. Not even so much as a pack of zig zags, and you come in contact with a cop, can they bust you for anything? Like wise, would you be able to go through airport customs smelling of pot, assuming you didn't have anything on you?
-------------------- "Nobody exists on purpose. Nobody belongs anywhere. Everybody's going to die."
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DazedSol
old hand

Registered: 08/01/01
Posts: 1,230
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i really dont know at all...this may be a stretch....maybe not, crazy usa laws and all....but
maybe one of the very vauge charges such as 'abuse of a controlled substance' or just 'drug abuse'........or maybe conspiracy to 'hold', or some other quear conspiracy charge...........
like i said though....i have no real idea....and have never actually seen a case with any details.....but i have seen things in the local papers 'court docket' section of things like -"man arrested in whereeverville on soandso street for conspiracy to hold an illicit substance of abuse" or "woman arrested monday from blahblah on thisthat street for "suspected abuse of a controlled substance"......
-------------------- Peace, Adam
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ChiefThunderbong
Inhale to theChief


Registered: 10/18/02
Posts: 3,647
Last seen: 10 years, 11 months
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I'm reasonably sure that if your not holding anything there is nothing they can do. Whether or not smell is enough for probable cause is questionable though. If they ask, just say you smell nothing, don't admit the smell exists and try to say its cigarettes or anything.
-------------------- Yeah spinnin' around again yea caught in a tailspin
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rommstein2001
Rise ye Must!


Registered: 05/10/01
Posts: 3,182
Loc: South GA
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As long as u can pass a sobriety test, which is optional to take. heh.
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HarveyWalbanger
Demiurge


Registered: 06/24/02
Posts: 3,076
Loc: 8b
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Its all atitude man. When dealing with cops, its war-time. Smell your fingers, if they smell like bud, scratch your crack. If they accuse you of smoking weed, insist you are smoking herbal stuff. It all essentially comes down to the cop, he CAN make you spend a night in jail, but his court case isnt gonna hold any water. And back in the 60s and 70s they used to be able to do house raids over simple shit like that. The law has actually calmed down some.
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Seuss
Error: divide byzero


Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 3 months, 8 days
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> can they bust you for anything?
In the US if a cop smells something he thinks is cannabis, then it is probable cause to make contact and detain you. A detention is somewhere between complete freedom and an actual arrest. You are not free to go along on your way, but you are not under arrest either. A cop must have cause to detain and most states limit how long a cop can detain a person without making an arrest (usually 48 hours). At this point the cop will search you, and if you are clean, polite, and have no outstanding warrants, he will let you go.
-------------------- Just another spore in the wind.
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Dobie
Dopeless Hopefiend

Registered: 08/15/02
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Re: Laws against smelling like pot? [Re: Seuss]
#2010997 - 10/15/03 08:57 AM (20 years, 7 months ago) |
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well smell is all here say you know what i mean whos to say what i think weed smells like is what the police thinks weed smell like its all circumstantial
-------------------- This place is gayer than when the balls touch
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Seuss
Error: divide byzero


Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 3 months, 8 days
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Re: Laws against smelling like pot? [Re: Dobie]
#2011023 - 10/15/03 09:15 AM (20 years, 7 months ago) |
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> well smell is all here say you know what i mean
No, I don't. Hear say is when I repeat something that I didn't hear first hand.
> whos to say what i think weed smells like is what the police thinks weed smell like
It doesn't matter if the cop thinks weed smells like you think weed smells like. This isn't the matrix. Cannabis has a very distrinct smell, even for humans. Most police are trained to recognize the smell. There will always be false positives from other things that sort of smell like cannabis, but the cops only need probable cause for a search.
-------------------- Just another spore in the wind.
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ChiefThunderbong
Inhale to theChief


Registered: 10/18/02
Posts: 3,647
Last seen: 10 years, 11 months
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Quote:
insist you are smoking herbal stuff.
I disagree, I forget where it was I read it but I believe if you admit the smell exists then that qualifies as probable cause. I'm not 100% this is fact, but reasonably sure.
-------------------- Yeah spinnin' around again yea caught in a tailspin
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BluMonkee
keeper of thelittle people

Registered: 06/23/03
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Loc: Lookin' for an Incident
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Just shit your pants and ask if you can sit in the backseat while you're being datained tell him you ate all your stash and see if he calls in a warrant on your fecal matter
-------------------- "If I don't see ya' in the future, I'll see ya' in the pasture"
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Stranger
synthetic rthyme

Registered: 09/06/99
Posts: 496
Loc: Texas, USA
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Re: Laws against smelling like pot? [Re: BluMonkee]
#2037212 - 10/23/03 05:51 PM (20 years, 6 months ago) |
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here this might help.....MOVE TO CANADA heh... cop well only question u if u are smoking pot, or some old bitch reports you have been smoking pot, and even then u might not even get questioned, depends on if ur in a richy snob neighbourhood or not...also i have been pulled over before, officer smelt dank pot, asked if i had been smoking that night, i wasen't sketchy, just told him no, he got me too wait, then came back and let me go... some cops might give u" a touch ur nose", "follow the pen" bullshit, or search ur car , but as long as u dont have anything ur fine, and if u can't pass the follow the pen test, u shouldn't be driving stoned anyway...even if they find a couple joints or a small bag in ur car, they might just give u a 24 hr suspension of license and stomp ur weed or keep it...thats why u keep all ur pot stuff in one bag that u can crouch easily when getting pulled over, = no problem..
-------------------- "If the doors of perception were cleansed every thing would appear to man as it is, infinite." Huxley
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Anonymous #1
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Re: Laws against smelling like pot? [Re: Stranger]
#2043914 - 10/26/03 02:00 AM (20 years, 6 months ago) |
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in maine they can bust you for 'internal possession of alcohol' if you're intoxicated, even if you dont have anything on you. dunno if theres anything like that for thc, although i suppose theyd have to piss test you or something first.
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cheech101
most likely alittle hazy

Registered: 05/02/03
Posts: 155
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Re: Laws against smelling like pot? [Re: ]
#2043936 - 10/26/03 02:10 AM (20 years, 6 months ago) |
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"if your fingers smell like pot scratch your crack"
that was pretty clever
-------------------- "Long you live and high you fly And smiles you'll give and tears you'll cry And all you touch and all you see Is all your life will ever be."
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orizon
shroomin bliss

Registered: 08/22/03
Posts: 876
Last seen: 19 years, 2 months
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Re: Laws against smelling like pot? [Re: cheech101]
#2056231 - 10/30/03 03:08 AM (20 years, 6 months ago) |
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Well Stranger is talking about driving and smelling like pot. A cop will most likely give you shit if he smells pot and your behind the wheel of a vehicle....well atleast in the US. I think the question is if your just walking down the street and smell like pot can they detain you. I dont think they can but Im not really sure. Abuse of a controlled substance and drug abuse charges I've never heard of personally. I enjoy going to raves quite often...well they are commercialized and legal (not the underground ones) and there are always cops there waiting to make a bust. There are also always atleast a handful of people who are blowing the fuck up on the side (under influence of MDMA) and it is really obvious to tell that these people are rolling....(chattering teath, laying on ground, vicks up there noise, massaging eachother, waving glowsticks over there eyes etc...) I've never heard of cops detaining somebody for being under the influence of a substance from all my years going to these parties and the cops def. know these guys are using drugs. I've never even heard of a cop searching or approaching these people rolling there face off. (basically the cops are just there to make a big bust at the door or catch a dealer) So on those grounds I would have to say No, they can not give you shit.
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d33p
Welcome to Violence

Registered: 07/12/03
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Re: Laws against smelling like pot? [Re: orizon]
#2058553 - 10/30/03 08:02 PM (20 years, 6 months ago) |
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Only certain states give cops probably cause to search your car if you or it smells of pot. Smell is not nearly enough to detain a person. Maybe enought to a search. Ive had weed candles which are completly legal but they smelled like very good pot and the smell stuck to anything.
-------------------- I'm a nihilist. Lets be friends. bang bang
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orizon
shroomin bliss

Registered: 08/22/03
Posts: 876
Last seen: 19 years, 2 months
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Re: Laws against smelling like pot? [Re: d33p]
#2059830 - 10/31/03 04:07 AM (20 years, 6 months ago) |
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Im not really sure what the word "detain" means....by definition, it would mean to just hold somebody or stop them from leaving. When a cop stops you on the street and tells you to wait 40 minutes while he returns to his car to write shit up or whatever...technically he is detaining you. If a cop stops you on the road and he wants to search your car....he pretty much can. Even though it is illegal, a cop can still say, "he smells pot" and use that as probable cause. Thats why, the times when I have been stopped by a cop and I have shit on me....I will hide it really good and then agree to any search. This happened once and it worked...he just glanced around then let me go. A retired cop at a bar told me one time when he was drunk that when people just openly agree to a car search, then they will most likely just look in the glove box and center console---maybe scoot some stuff around and that is about it. But if you refuse a car search, then he will say, "I see something suspicious in the backseet"...or "I smell drugs", then use that to legally search your car. Then (since you refused the search) he will scrutinize every last crack and cranny in your car for about an hour because he is now gave him a reason to be suspicious. So basically if a cop smells pot or he doesnt, he always can search your car and get away with it legally.
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Seuss
Error: divide byzero


Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 3 months, 8 days
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Re: Laws against smelling like pot? [Re: orizon]
#2059888 - 10/31/03 05:04 AM (20 years, 6 months ago) |
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> Im not really sure what the word "detain" means....
In a legal sense, if a cop stops you such that you are no longer allowed to continue on your way, then you have been detained.
Examples:
If a cop puts his hands on you it is usually considered a detainment. If you are in the back of a cop car, you are being detained. If you get pulled over, you are being detained. If a cop comes up to you and asks how it is going, you are not being detained. If you say something like, "Not well, I am very late and need to be going." and the cop keeps you, then you are being detained.
> he always can search your car and get away with it legally.
He can always search your car, you are correct. He can not always get away with it legally.
> will most likely just look in the glove box and center console
The one time I let a cop search my car he checked the visors, the glove box, the cracks between the seats, the cracks between the seats and the seat backs, inside all my cd cases (he also noticed the cut marks on the cd cases), under the seats, the console, the glove box, the ashtray, and the storage things on the doors. He did not search the trunk, the engine area, the back seat area, under the dash, or the bag of food I had sitting on the front seat.
-------------------- Just another spore in the wind.
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orizon
shroomin bliss

Registered: 08/22/03
Posts: 876
Last seen: 19 years, 2 months
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Re: Laws against smelling like pot? [Re: Seuss]
#2059942 - 10/31/03 05:51 AM (20 years, 6 months ago) |
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Im just telling you what the drunk cop told me and in my mind was confirmed when I flat out agreed to search and the cop just kinda grazed over my things. The back panel of the front seat can be pulled off and I hid the little pot I had in there. Im sure it is true that they will search every spot in your car but less likely if you just agree to it. So if Im walking down the street and a cop puts his hands on me and I just keep walking can I get charged for "resisting Detainment"? (as opposed to resisting arrest)
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Rose
Devil's Advocate


Registered: 09/24/03
Posts: 22,518
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Re: Laws against smelling like pot? [Re: orizon]
#2059964 - 10/31/03 06:10 AM (20 years, 6 months ago) |
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Fleeing the scene of the crime... if the cop is grumpy.
-------------------- Fiddlesticks.
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Seuss
Error: divide byzero


Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 3 months, 8 days
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Re: Laws against smelling like pot? [Re: Rose]
#2059977 - 10/31/03 06:38 AM (20 years, 6 months ago) |
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> can I get charged for "resisting Detainment"?
As cervantes said, fleeing the scene of a crime... obstruction of justice... etc...
-------------------- Just another spore in the wind.
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