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Pot smell isn't cause to arrest everyone in a car (WA state supreme court)
Seattle Post-Intelligencer ^ | 7/17/08 | Levi Pulkkinen

Posted on 07/18/2008 2:17:17 PM PDT by LibWhacker

Police need more evidence, state justices say

Supporters of marijuana decriminalization celebrated Thursday's decision by the state Supreme Court restricting police from arresting passengers simply for being in a car smelling of pot.

(Excerpt) Read more at seattlepi.nwsource.com ...


TOPICS: News/Current Events; US: Washington
KEYWORDS: arrest; fourthamendment; insufficient; judiciary; pot; privacy; smell; wod
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1 posted on 07/18/2008 2:17:18 PM PDT by LibWhacker
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To: LibWhacker
Good Decision
2 posted on 07/18/2008 2:20:18 PM PDT by Charlespg (Peace= When we trod the ruins of Mecca and Medina under our infidel boots.)
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To: LibWhacker

Would the odor of marijuana be sufficient reason for conducting a search of the vehicle, which might result in finding an arrestable offense?


3 posted on 07/18/2008 2:22:55 PM PDT by SoldierDad (Proud Dad of a U.S. Army Soldier soon to be training other Army Soldiers)
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To: Charlespg
Yeah; they inhaled, but they didn't smoke.
4 posted on 07/18/2008 2:23:28 PM PDT by USFRIENDINVICTORIA
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To: LibWhacker

Weed-shaped air fresheners anyone?


5 posted on 07/18/2008 2:25:25 PM PDT by sinanju
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To: USFRIENDINVICTORIA

forgot sacasm tag


6 posted on 07/18/2008 2:27:26 PM PDT by Charlespg (Peace= When we trod the ruins of Mecca and Medina under our infidel boots.)
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To: Charlespg

How about this one? [/end inverted Clinton excuse]


7 posted on 07/18/2008 2:28:37 PM PDT by USFRIENDINVICTORIA
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To: LibWhacker

Yeah, probable cause is no longer available to law enforcement yea!.


8 posted on 07/18/2008 2:30:37 PM PDT by Soliton (Investigate, study, learn, then express an opinion)
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To: LibWhacker
Hot-boxing.

I, uh, read about it on Wikipedia. Yeah, that's the ticket.

9 posted on 07/18/2008 2:31:33 PM PDT by Billthedrill
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To: SoldierDad

“Would the odor of marijuana be sufficient reason for conducting a search of the vehicle, which might result in finding an arrestable offense?”

Actually, the decision does say that the grounds for searching the vehicle remain, and arrests may result from evidence obtained.


10 posted on 07/18/2008 2:32:13 PM PDT by Rinnwald (Forget it, it's Chinatown.)
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To: SoldierDad
Would the odor of marijuana be sufficient reason for conducting a search of the vehicle, which might result in finding an arrestable offense?

According to the court, yes:

The court's decision will not bar authorities from searching a car because it smells of drugs, the court said. But justices indicated that a drug smell might be stronger evidence supporting arrest if there is only one person in a vehicle.

It's actually a narrower ruling than the headline would seem to indicate. What the court actually said was that the driver, who is generally considered the responsible party in a vehicle, is the only one whose person and vehicle are covered by probable cause.

11 posted on 07/18/2008 2:34:20 PM PDT by FredZarguna (In vino Possumus.)
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To: Soliton

No room left in jail for 30 million pot smokers. Definitely no room for every one of their friends, too.


12 posted on 07/18/2008 2:38:33 PM PDT by underground
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To: LibWhacker

There are other burning leaf type odors that smell a great deal like pot.

(no, I neither smoke, or inhaled, but they did both in the band room in high school...)


13 posted on 07/18/2008 2:47:28 PM PDT by madison10
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To: madison10

If you were in that band room when others were smoking, then you did indeed inhale, unless of course you held your breath the entire time you were in that room.


14 posted on 07/18/2008 2:53:01 PM PDT by SoldierDad (Proud Dad of a U.S. Army Soldier soon to be training other Army Soldiers)
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To: Soliton

“Yeah, probable cause is no longer available to law enforcement yea!.”

I’ve heard police officers that I know say many times “If you don’t like the law change it”. Well, they did.


15 posted on 07/18/2008 2:53:43 PM PDT by dljordan
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To: SoldierDad

It was too far back in the corridor to inhale...I just breathed slightly and sang. ;) Not strong enough to get a buzz, just enough to know it wasn’t cigarettes.


16 posted on 07/18/2008 2:54:44 PM PDT by madison10
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To: LibWhacker

Is it 4:20 yet?


17 posted on 07/18/2008 3:10:57 PM PDT by ßuddaßudd (7 days - 7 ways Guero >>> with a floating, shifting, ever changing persona....)
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To: madison10

I attended a Nazareth concert in Minot N.D. in the late 70’s. The amount of marijuana smoke in the building made it impossible to avoid a contact high, which in my case really sucked as I’m allergic to marijuana smoke. That was the last concert I attended until this past New Years when I attended a 3 Doors Down concert in Las Vegas courtesy of my son and his wife.


18 posted on 07/18/2008 3:14:26 PM PDT by SoldierDad (Proud Dad of a U.S. Army Soldier soon to be training other Army Soldiers)
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To: madison10

Bought a pack of smokes in Mexicio back in the 70’s named Sativas .They smelled just like grass but (were probably horse$hit ). Was a riot to see all the people in the bar looking around for the source when my bud and I lit up !


19 posted on 07/18/2008 3:22:40 PM PDT by Renegade (You go tell my buddies)
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To: LibWhacker

Arresting pot smokers is stupid. Since America is bankrupt, we should focus on more important things, like why I have to work until July 19 just to pay for the government. Oh wait, that is so we can throw pot smokers in prison.


20 posted on 07/18/2008 5:24:17 PM PDT by microgood
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