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Court Rules Burning Pot Smell Does Not Justify Police Entry

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posted on Mar, 11 2007 @ 07:47 PM
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Originally posted by Rasobasi420
So is this topic about legalization, search and seizure, or police corruption?



Search only its in the title.

Court Rules Burning Pot Smell Does Not Justify Police Entry



[edit on 3/11/2007 by shots]




posted on Mar, 11 2007 @ 08:01 PM
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Thank you mother hen Lex. Were you a narc in high school?

A recent episode of "Dan Rather Reports", a new show on HDNET of which Rather has complete editorial and content control, investigated the medical marijuana issue. He sighted research being done in Israel and the UK that has established the likelihood of the existence of cannibanoid receptors in the human brain. These receptors, when triggered decrease the perception of pain, induce a feeling of wellness and reduce stress.

There is a drug that is formulated from organic THC being used in the UK to treat non-specific neurolgias and MS symptoms. It is now being tested in Canada and soon to undergo clinical trials in the US. So it seems that the DEA making marijuana a Class I narcotic (having no medicinal or therapeutic value) is erroneous.

The history of the criminalization of marijuana contains the fingerprints of powerful industry tycoons who felt threatened by it's potential in a number of competing areas. And the continued prohibition of it's possession and use is supported by the same crowd. Really...how much Prozac and Paxil would the pharmaceutical industry sell, if the same mood stabilizing effect could be achieved by drinking tea make from a home grown plant.

As with many other laws that are supported and in some cases written by industry lobbyists, their legitimacy is extremely dubious.



posted on Mar, 11 2007 @ 08:15 PM
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Personally I disagree with this, in my years of experiance if you have a house with pot in it usually there is some other drug there. I am not saying that it is rule of thumb I am just saying that it is about 70% of the time.

I made some of my biggest busts usually the smell as probable cause. I always found something else in the house like coke, X2, ecstasy, moonshine, pills, and crack rocks to a lesser extent.

Just my .02

JamesMcMahn



posted on Mar, 11 2007 @ 08:19 PM
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James,

And if you don't find anything? Should I be okay with you just walking around my house uninvited because you thought you smelled something?



posted on Mar, 11 2007 @ 08:29 PM
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There was never a time that I didnt find something that could take someone to jail.



posted on Mar, 11 2007 @ 08:31 PM
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I guess at that point you'd have to. How many times have you found stuff meant only for personal use?



posted on Mar, 11 2007 @ 08:34 PM
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Originally posted by JamesMcMahn
There was never a time that I didnt find something that could take someone to jail.


James I have to ask you this since you appear to have some experience in this area. How often did you depend on your sense of smell?



posted on Mar, 11 2007 @ 08:35 PM
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Very rarely, if I could tell it was just for personal use I would give them a long speech and dispose of it instead of taking them to jail. I usually didnt bust someone just for pot unless they had more than a quarter pound. Most house that have pot also have pain or nerve pills.



posted on Mar, 11 2007 @ 08:40 PM
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Originally posted by jsobecky
I think that many here are confused about this case. It is not about pot. It is about the 4th Amendment.

Pot just happens to be the trigger in this case.

It could just as easily been about the distinctive smells given off from a meth lab.

Would you all be cheering it on so loudly in that case?



depends... if you believe in darwinism, good for the intellectuals, another idiot on the path to killing themselves and their idiot genes...

Just a different opinion, not necessarily my world view.



Coven Out



posted on Mar, 11 2007 @ 08:41 PM
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Originally posted by JamesMcMahn
Very rarely, if I could tell it was just for personal use I would give them a long speech and dispose of it instead of taking them to jail. I usually didnt bust someone just for pot unless they had more than a quarter pound. Most house that have pot also have pain or nerve pills.


Man that has to be real hard trying to determine how much or what their intent is. I do not envy you at all.

I was just curious how often you relied on your sense of smell since that is/was the main issue in this case.



posted on Mar, 11 2007 @ 08:43 PM
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Originally posted by shots
James I have to ask you this since you appear to have some experience in this area. How often did you depend on your sense of smell?


I can smell if someone has smoked pot in the last day usually. Once I was hit by a whiff while driving by a house, when I raided that house we seized 2.5lbs of pot, and MANY quart baggies of Xanax.



posted on Mar, 11 2007 @ 08:58 PM
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Originally posted by JamesMcMahn


I can smell if someone has smoked pot in the last day usually. Once I was hit by a whiff while driving by a house, when I raided that house we seized 2.5lbs of pot, and MANY quart baggies of Xanax.



Amazing and the court now ruled you can not use your sense of smell as probable cause


One last question; do you think this ruling was the right one to make or do you think they should allow you to use your sense of smell??



posted on Mar, 11 2007 @ 08:59 PM
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Originally posted by shots
\Man that has to be real hard trying to determine how much or what their intent is. I do not envy you at all.
\



It usually is a matter of how they react, if they don't try to run and are cooperative usually that means they arent selling. If they run that usually means they were scared of getting busted in the first place.



posted on Mar, 11 2007 @ 09:04 PM
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Originally posted by shots
Amazing and the court now ruled you can not use your sense of smell as probable cause


One last question; do you think this ruling was the right one to make or do you think they should allow you to use your sense of smell??


This will help the criminals and hinder the Officers who are trying to do their job. It means there will be many more K9 units out there.



posted on Mar, 11 2007 @ 09:24 PM
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Originally posted by jsobecky
You roll your own cigarettes. A cop stops you for a traffic violation and sees a stub in your ashtray. It looks just like a roach.

Probable cause?


Absolutely, although out of all the times I searched a car after seeing a stub only 3 turned out to be tobbacco.



posted on Mar, 11 2007 @ 09:26 PM
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Originally posted by shots
Ah yes another attempt to throw the topic off.....

If you knew as much about the ENTIRE issue of hemp/marijuana as you think you do, then you would understand why it IS relevant to the topic.


spoken like someone who supports pot. But that is not the topic of the thread we are discussing the ruling made by the court.

NO, but it DOES have everything to do with why marijuana is illegal in the first place. A point that you, yourself, brought into the discussion early on - something of which you obviously still do not have any understanding of.

I am PRO hemp all the way. For reasons totally unrelated to whether or not you or I or Joe Six-Pack should be allowed to smoke pot. I have thoroughly researched the issue and you would do well to do the same.

The ruling by the court upholds the constitution. Plain and simple.
The decision to make hemp a legal product will benefit us all - and our planet.



posted on Mar, 11 2007 @ 09:29 PM
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Originally posted by Lexion
This thread has a lot of people admitting to the use of cannabis.
The IP addresses can be traced.
To the home address of the computer used to make these admissions.

The Admin, if I'm not mistaken, has a responsibility to report these claims
to the proper authorities, and make the IP addresses known.

This thread was started to discuss the viabiality of a police officer determining a search, due to an odor.

Thank you, to the users that admitted usage, on this thread.

I truly hope the Admin. does it's job.

Lex




And I hope they do there job and remove your account for making threatening comments to about 50% of the people who have posted to this thread... ohhh... and if the fed's knock on my door buddy... I can trace Ip's too...


how's that? DICK


ohh I took it there... do somethin..



posted on Mar, 11 2007 @ 09:34 PM
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Originally posted by JamesMcMahn

I can smell if someone has smoked pot in the last day usually. Once I was hit by a whiff while driving by a house, when I raided that house we seized 2.5lbs of pot, and MANY quart baggies of Xanax.



And if you had raided the house and found a quarter ounce of pot?

This is why people dislike police...

Oh wait, am I in the right thread?



posted on Mar, 11 2007 @ 10:17 PM
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Originally posted by Rasobasi420

Originally posted by JamesMcMahn

I can smell if someone has smoked pot in the last day usually. Once I was hit by a whiff while driving by a house, when I raided that house we seized 2.5lbs of pot, and MANY quart baggies of Xanax.



And if you had raided the house and found a quarter ounce of pot?

This is why people dislike police...

Oh wait, am I in the right thread?


Where do you see a quarter ounce? I said 2 1/2lbs. Hopefully you will be able to read fractions better than deicmals.



posted on Mar, 11 2007 @ 10:30 PM
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Check out this story just up

Truck-load of Marijuana Abandoned on California Highway

[edit on 12-3-2007 by khunmoon]




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