Court Rules Burning Pot Smell Does Not Justify Police Entry

page: 4
29
<< 1  2  3    5  6  7 >>

log in

join

posted on Mar, 10 2007 @ 04:34 PM
link   

Originally posted by pesky george
This subject relates directly to privacy and personal choice.
Although smoking pot is illegal, it should be enforced like our immigration laws.


Then you'd better go tear down the Statue of Liberty and throw her into the sea just like her older twin, Helios...the Colossus of Rhodes.

Immigration laws make a mockery of her torch and her invitation!

This country is a shambles.

What we need is Janis Joplin as president and Bob Marley as vice president.

THEN we can get somewhere. Until then all this fussin' and fightin' is making me SICK.




posted on Mar, 10 2007 @ 04:36 PM
link   

Originally posted by Lexion
Again, this isn't about the legality of smoking cannabis.
It's about the ability to search a residence due to the odor of burning pot.

Please stay on topic.


Wait, you admitted that you're a "pothead".
You're not excused.

Lex

Edit to add : This was directed at Coven.

[edit on 10-3-2007 by Lexion]

right... my statement was about the number of americans that smoke pot and the disinformation surrounding the entire topic... please realize this is on topic... I'm not discussing the legality, I am discussing the Number of American citizens who's rights are being ignored by this search process...

Wait, you admitted that you're a "pothead".
You're not excused.

ohhhh... so because I have the balls to admit, instead of drinking, I toke at home, a lot... that makes my point mute? dude get off your "high" horse, and realize that just because you don't like something someone does doesn't make them incorrect, or inable to comment on the topic...

ohhh... and this has been ruled on by the SCOTUS... I fought a case using the SC case. basically, using a study performed by the University of Massachuchetts (sp?) {it has been 3 1/2 years since I won this case} which pulled 100 DEA trained officers (50 human 50 k-9) out of the 100, 100% failed... False positives always turned up on burning motor oil, amazingly. The SC case was dismissed due to this study and the defendent walked on 750 lbs. of Marijuana. My case was dismissed with the evidence of the SC case, and the Documentation that my vehicle had an oil leak/burnoff at the time of the traffic stop.


So yes my comments are valid to this arguement... Lots of American's smoke pot...

great example for you... Your neighbor is having a pot party stinking up the neighborhood... Oh #... here come the cops... and they smell it in front of YOUR house... Whose door should they kick in? they smell it at your house...

Smell is not probable cause, because smell is based off of too many different factors... I live in TN, we have BAD ALLERGIES IN THIS STATE... How in the hell is a TN cop gonna smell pot, when I can't even smell my sons poopy diaper till i do the up close sniff test? Just one example of how sense of smell is inadmissable, because technically theres no way to prove you know what your smelling...


Got it???


GOOD..

COVEN OUT



posted on Mar, 10 2007 @ 04:38 PM
link   

Originally posted by shots

Originally posted by queenannie38


#1 Why, exactly?


#2 WHY is marijuana illegal here - in the US?

(Do you KNOW?)

#3 Why should it be? Or not be?
#4 Where is it not illegal?
#5 What is the difference between there (legal) and here (illegal)?



answers

!. BECASUE THEY WROTE LAWS MAKING IT ILLEGAL


Yes i know this.
Do you know which law? Why? When?
It wasn't about smoking it...it was about profits...hemp...DuPont.

Investigate.


3 because it is bad for you. By that I mean it affects your senses and hinders a person judgment.

Have YOU ever smoked it?

If a person has poor judgment in the first place...many people do and never smoke pot.
Many people do smoke pot and have perfectly fine judgment.

WAY more people do than you realize. Why don't you know?
Because they know that discretion is the better part of valor and they don't exhibit the signs YOU are looking for. Therefore you don't see them.

ALSO...they leave their windows shut when they smoke it.




4 & 5 are not relevant because in this case we are talking only here. I for one do not care about other countries. You can if you want though


NOT so fast...YOU are the one that brought that into the discussion. Please do not crawfish. Please answer.



posted on Mar, 10 2007 @ 04:42 PM
link   

Originally posted by shots

Originally posted by MystikMushroom
I will also conceed that laws were made/passed for a reason--and to break them is wrong.



Good now that you have established that breaking the law is wrong, you are left with no other argument. This is not about making laws it is about enforcing those we already have.


No, this is not about enforcing laws we already have...

This is about becoming aware that the laws we already have were forced upon the US population under a guise of fear and eventual "protection".

I agree that we as a society are to be held responsible for the laws we allow to be passed.

But these laws that were passed 60 years ago were done withought the scientific chemical analyisis that has been done in cannabis-acceptable nations (the Netherlands).

Finding funding here in the USA to study the effects of THC and other CDB's in the human brain is almost a certain death sentance.

No self-resepecting bio-chem scientist is going to take on the cannabis issue--it equates to career suicide.

Thank god that other European countries are not as draconian in their social mindset (because of media brainswashing ala "reefer madness")

These countries since the 70's have shown that THC (the active component of marijuana) actually inhibits the replication of cancer cells.

Thank GOD some countries can realize that this plant is more than an intoxicant (and a mild one at that) and understand that it's chemical make-up might just actually hold the cure for many of our currently "un-curable" diseases (like cancer/tumors)...

Laws were passed here withought thought/science...

Breaking them is fundementally wrong, but questioning them and trying to change them based on new research and information is NOT WRONG.



posted on Mar, 10 2007 @ 04:51 PM
link   
queenannie38 it is obvious you are pro pot sobeit.

That will not change the fact we have laws that make its use illegal,, that you have to live with. Where and why those laws were enacted is not relevant simply because the laws are now in place and have to be enforced.



posted on Mar, 10 2007 @ 04:53 PM
link   

Originally posted by queenannie38

Originally posted by pesky george
This subject relates directly to privacy and personal choice.
Although smoking pot is illegal, it should be enforced like our immigration laws.


Then you'd better go tear down the Statue of Liberty and throw her into the sea just like her older twin, Helios...the Colossus of Rhodes.

Immigration laws make a mockery of her torch and her invitation!

This country is a shambles.

What we need is Janis Joplin as president and Bob Marley as vice president.

THEN we can get somewhere. Until then all this fussin' and fightin' is making me SICK.


My point is that the law is ridiculous. Our forefathers were all about personal choice and the ability to live our lives without goverment intrusion paramount. My opinions on illegal immigration regardit as an invasion. The enforcement of marijuana consumption is a waste of crucial manpower and money.



posted on Mar, 10 2007 @ 04:54 PM
link   

Originally posted by shots
Where and why those laws were enacted is not relevant simply because the laws are now in place and have to be enforced.


No... They don't. There are thousands of laws in the U.S. that aren't enforced.



posted on Mar, 10 2007 @ 04:55 PM
link   

Originally posted by shots

Originally posted by Orwells Ghost
It's a step in the right direction. The United States really need to ease up on it's draconian Marijuana laws.


Sorry but I have to disagree. This is a step backwards as I see it. the fact is it is illegal in most of the world and should also be here. You can be arrested in many countries although some discourage police from arresting people. But that does not make it legal.



The fact is it was only banned in the US before more than 90% of contries that currently have regulation on Marijuana.
Up until the 1930's weed was perfectly legal in north america. it wasnt until a huge propaganda campaign that claimed that pot was addictive and made you go crazy came out that it was criminalized. Canada followed suit shortly after, as well as many other western cultures.

The fact is there is no reason for pot to be illegal. Its only a gateway drug if you let it be associated as such. if it were legalized, it wouldnt be distributed through "dealers" and it would be taxable money. Other drugs wouldnt be a question away.
Right now the US has more poeple locked up per capita than anywhere else in the world. Many of those locked up were for simple pot charges. Its supposed to be the land of the free, but the way i see it, you're slaves and you dont even know it.
Pot laws are unjust and should be changed.
this is definately a step in the right direction.

Marijuana causes less physical and social maladies than booze ever has. there is no reason for it to be illegal. let me do what i want, i'm no hurting anyone but myself.



posted on Mar, 10 2007 @ 05:00 PM
link   

Originally posted by LostSailor

Originally posted by shots
Where and why those laws were enacted is not relevant simply because the laws are now in place and have to be enforced.


No... They don't. There are thousands of laws in the U.S. that aren't enforced.

It is the responsibility of the people to reject unfair, unjust laws. To take the position that all laws have to be followed is ignoring the history of our country. I assure you thee are some of us that are glad Jim Crow laws were changed.



posted on Mar, 10 2007 @ 05:02 PM
link   
I am for the decriminalization of marijuana.
Tobacco is way more hazardous to your health. When was the last time you heard of a pot smoker dying of cancer or emphysema? Answer: Never. Weed doesn't have all the poisons and chemicals in it that our government lets the tobacco industry dump into cigarettes. Weed, isn't lifelong addicting like tobacco. You don't crave THC like people crave nicotine. Cigarettes are like smoking heroin that doesn't get you stoned; they just get you incredibly addicted.....the withdrawal is nightmarish.......not with weed though.

Then we have alcohol, which totally ruins people's lives, gets them so addicted they have delirium tremors.....can actually die without it. Not with weed though. Drunken driving accidents are the number one reason for most deadly car crashes. I mean, when was the last time you heard about someone wrecking a car high on grass. I've read studies where most people high on grass tend to be extra careful and overly cautious while driving stoned, whereas when you're drunk you drop all inhibitions. Nobody gets double vision after too much smoke. You don't throw up or get hangovers.

So we have 2 horribly addictive, destructive drugs and they're both legal, and acceptable to boot.

The problem is we have the old school fuddie-duds still running Washington, drinking their martinis and beer, smoking their cigars and cigarettes; looking down their noses at the younger generation that embraced weed. But very soon that whole generation will die off. Finally, the old hippy generation will take over the Supreme Court, and yeah, somewhere soon down the road mary jane will be decriminalized.

If only the folks who think it's evil would lighten up and realize they're being fooled....the real evils are tobacco and alcohol.....and they're acceptable and legal.....go figure. Only in America. And I disagree, it's not a hallucinogen. I think it's in it's own class. No other chemical produces the same mellow. euphoric feeling on this planet. It's not a hard drug at all.


[edit on 10-3-2007 by rocknroll]



posted on Mar, 10 2007 @ 05:36 PM
link   


It is the responsibility of the people to reject unfair, unjust laws. To take the position that all laws have to be followed is ignoring the history of our country. I assure you thee are some of us that are glad Jim Crow laws were changed.


++

I feel no moral obligation to obey foolish laws.
Judging by the traffic every day on the highway, moving at a steady 80 in a 65 zone, it seems I'm not alone.

Blind obedience is bad, mmmkay?



posted on Mar, 10 2007 @ 05:45 PM
link   
If the court is overturned...and a wispy smell of burning 'pot' allows an intrusion by police into a home/residence/work place...

then women wearing perfumes that have 'phermone' based smells,
could justifiably be subject to arrest for solicitation &/or prostitution.



posted on Mar, 10 2007 @ 06:01 PM
link   
This ruling is surprising, but I think a good one. The problem with being able to enter a residence/property simply by smelling some burning marijuana is just that it leaves too much power in the hands of the cops on the scene. All a police officer has to do in order to search your car is say (and write in the report) "I smelled marijuana", and it gives them all rights to search through a vehicle, violating the rights given to us in the 4th ammendment. I have heard of police abusing this time and time again, and now it will limit the power of the officer on the scene.

There has to be some real evidence before a cop can just go searching through our homes or vehicles. Claiming that they "smell marijuana" is nothing. It's like someone who beats the hell out of another person "in self defense" because they other guy accidentally bumped into the first person. There's no way to verify what happened, because there is no real evidence. Therefore, it leaves it open for cops to abuse whenever they feel like searching a vehicle.



posted on Mar, 10 2007 @ 06:07 PM
link   

Originally posted by Shoktek
violating the rights given to us in the 4th ammendment.

I agree with your post except for the above quoted portion.
I feel it is crucial for Americans, ney, for HUMANS, to realize that rights arent 'given' to us by any piece of paper.
They are spelled out in the 4th ammendment, but even without that piece of paper you would still have the right to be secure in your home/person.

I am not being a stickler, but it is clear to me after reading some posts on here that some people have no idea what rights are or where they really come from.



posted on Mar, 10 2007 @ 06:25 PM
link   
Thank God police can't enter a home if they smell it
I would be in some hot water right now! I always laugh when people make such a big deal out of pot yet could care less if alcohol a cigs are legal
Most of this stems from them never even trying weed and forming a decision about it based on some t.v. commercial or govt propaganda. I thought the whole point of ATS was to deny ignorance? I'm not encouraging anyone to smoke weed, but as a smoker at least the truths of its effects are self-evident. Heres a fun little analogy 4 ya, Who you gonna trust to do surgery on you, someone who has read every medical book in the world or a Surgeon?

Pot should not be illegal, take it from me. A surgeon.



posted on Mar, 10 2007 @ 06:31 PM
link   
This has prolly been stated before - but if they are SMOKING the marijuana then there are technically disposing of it?!

Peace,
- Naz



posted on Mar, 10 2007 @ 07:00 PM
link   
ummmm....I believe that Naz has a point. Cased dismissed due to technicality



posted on Mar, 10 2007 @ 07:00 PM
link   
this is a good post. as for the topic at hand, it is a step in the right direction. as many here had pointed out, the smell of bud is not enough to justify search. the smell can easily be mistaken with anything else. i don't need to have the balls to admit that i smoke it, i don't need it medically, all recreational and what. i don't rob people, i don't commit fraud, i don't steal taxes, i don't declare war on other people, i dont kill people, i dont have "reefer madness"

reefer madness...sheesh. anyway there are various strains of bud and alot of them have different, very distinguishable smells. i once had some purple that smelled a lot like coffee, and was very dank, unfortunately only once. i've had some that smell like oranges, some like skunk, some like "culo" (means ass), blueberries, some even have smelled like laundry detergent (probably was). this goes the same if you roll it in a blunt or papers. when you roll it, all you can smell is the swisher or the zig-zag, meaning tobacco because they are made from tobacco leaves. the only people that can probably distinguish the smell 100%, well 99%, of the time, are those who smoke it. there was a post earlier where someone used the example of what if the cops smelled it coming from your house, but it was the neighbors. what if? i've had people tell me, "man, i could smell it all the way from the other block, that's why i came." this is off topic but as for why it is illegal. i saw a documentary on drugs the other day on the history channel where they gave the back round on why drugs are illegal. according to them, marijuana was made illegal because...they said...man i forgot. anyway the link is above. watch it if you really care. as for me, gotta go hit a bowl.

edit= typos and to say that i might have gotten the wrong documentary, oops! typical stoner, if it is not the one i posted, i'll find it...just give me a minute or three. but the one i saw said it was because it was getting problematic in the border between mexico and usa. basically, they wanted to keep mexicans from hanging out and crossing back and forth (there was no border fence) into the usa.

[edit on 10-3-2007 by souls]



posted on Mar, 10 2007 @ 07:13 PM
link   

Originally posted by xmotex


I feel no moral obligation to obey foolish laws.
Judging by the traffic every day on the highway, moving at a steady 80 in a 65 zone, it seems I'm not alone.



This hits the nail on the head, shots, and those like him that say "it's bad cause it's illegal NEVER go over the speed limit , cause that's against the law too ya know. As some one else posted. wind has no regard for scent, and yes the dogs give false positives alot

I had a friend in the military that was fined $600 and restricted to his room for a month for and I quote "suspicion of being in an area where MJ was SUSPECTED of being smoked" no positive urine, no "joint" or anything found, just a POSSIBLE smell, the military enacts laws that are later used on civilians, so see what CAN happen, see your future..............

this is what makes this a GOOD ruling

[edit on 10-3-2007 by thedigirati]



posted on Mar, 10 2007 @ 07:21 PM
link   
I say right direction. not enough tho. you can drink your brains out and smoke (cigarettes) to your hearts content. but with all the disinfo. you cant have one thing that makes certain ppl feel better ie cancer, aids, to name a couple. i think their should be more ppl in the world like eddy lepp. keep it green. i havent heard of an aids patient or cancer suffer'
ask for a 40 0z to curve their nausea and stimulate their appetite . i have heard a vap for cancer and the such. where seniors as old as 90 wait in line to get their meds. not nessassairly for the high if you will. but for the
Medicinal qualities. i know most on this fourm will no doubt disagree with me. but so be it. I mean weed c'mon. they should eliminate the middle man and let citizens grow a certain amount, for Personnal use of course.
and that would for a great % be the end of the drug deal, the paranoid ride home with something thats been basicly railroaded from the get go.
rich ppl that ownd lumber mills didnt forsee a future for hemp in their profits. so null and void for the evil weed. just to name one strong arm tactic against a natural substance proven to be helpfull to those so desperatly seeking to alleviate the pain from most debilitating diseases .

peace





top topics
 
29
<< 1  2  3    5  6  7 >>

log in

join