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(NW Florida Daily News)   Free internet legal advice: If you're at home and the cops ask if you've been smoking marijuana, you're not required to invite them inside, take them back to your bedroom, and show them the used pipe you have hidden in your closet   (nwfdailynews.com) divider line 100
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5578 clicks; posted to Main » on 01 Nov 2012 at 2:32 PM (2 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-11-01 11:12:27 AM  
Wow, really? This changes everything!
 
2012-11-01 11:18:58 AM  
If you live in an apartment complex or have very close neighbors DO NOT SMOKE OUTSIDE. Simple as that. No sympathy for them being stupid.
 
2012-11-01 11:23:32 AM  
On the other hand,

"When they got out of their cruiser, the officer who wrote the arrest report noticed the aroma of burning marijuana."

Those cops were coming inside regardless. The guy probably saved himself the trouble of having his entire apartment torn apart.
 
2012-11-01 11:37:12 AM  

incendi: On the other hand,

"When they got out of their cruiser, the officer who wrote the arrest report noticed the aroma of burning marijuana."

Those cops were coming inside regardless. The guy probably saved himself the trouble of having his entire apartment torn apart.


Quick question for legal people (or internet lawyers): Do cops need probable cause to get a warrant issued, or does probable cause supercede a warrant and allow them to enter immediately? I know in cars they can just say they smell it and it's probable cause, but does that work on a property too?
 
2012-11-01 01:25:44 PM  
But they asked so nicely!
 
2012-11-01 02:18:58 PM  

scottydoesntknow: Quick question for legal people (or internet lawyers): Do cops need probable cause to get a warrant issued, or does probable cause supercede a warrant and allow them to enter immediately? I know in cars they can just say they smell it and it's probable cause, but does that work on a property too?


Not really. If they smell the ganj outside they have no probable cause to search your house. If they knock on your door and smoke billows out, then they have cause. If your place is quiet and dark and you do not answer the door. they do not have probably cause and it will be difficult to get a warrant. If they think think someone is inside due to noises or movement they could enter with the assumption that "oh noes! Someone might be hurt and in dang...WHOA look at all this herb!"

Long story short, unless you are quite intelligent or a mature smoker. it will be very very easy for police to find a way into your house. Most smokers Americans are not that intelligent though.

This is all about burning herb though. Growing or improperly packed herb reeks (beautifully). You could actually follow the smell from far away. At least from my college experiences, I found this to be true.

Ah, Grass Valley, where commies, fascists, hippies, and rednecks live side by side.
 
2012-11-01 02:35:09 PM  
1.YOU'RE NOT THE BOSS OF ME!

2. How else are we supposed to weed out idiots?
 
2012-11-01 02:36:51 PM  
However the officers are very appreciative of you taking the time to help them.
 
2012-11-01 02:36:58 PM  
You put your WEED in there.
 
2012-11-01 02:38:19 PM  

gopher321: But they asked so nicely!


Duh, the whole episode took place in Niceville!

/ no, seriously, check the byline!
 
2012-11-01 02:39:25 PM  

Mitch Taylor's Bro: gopher321: But they asked so nicely!

Duh, the whole episode took place in Niceville!

/ no, seriously, check the byline!


Niceville's a fine place, though to be fair this is something that just about any pothead could do.
 
2012-11-01 02:45:11 PM  
In general, cops will show a little leniency and will usually let you off with a warning if you're only in possession of a little bit of weed. Just be up front and honest with us. They appreciate it a lot.

/not a cop
//free legal advice
 
2012-11-01 02:46:43 PM  

dj_spanmaster: Mitch Taylor's Bro: gopher321: But they asked so nicely!

Duh, the whole episode took place in Niceville!

/ no, seriously, check the byline!

Niceville's a fine place, though to be fair this is something that just about any pothead could do.


True, but a cop asking nicely? That kind of shiat only happens in a place called "Niceville."

Just kidding. The worst treatment I ever received from a cop was that he was a little bit of a dick. Thankfully, I haven't encountered one of the 'roid ragey ones...yet.

/ hope I didn't just jinx myself
 
2012-11-01 02:47:33 PM  

AverageAmericanGuy: In general, cops will show a little leniency and will usually let you off with a warning if you're only in possession of a little bit of weed. Just be up front and honest with us. They appreciate it a lot.

/not a cop
//free legal advice


wat?
 
2012-11-01 02:47:53 PM  
NICEVILLE - A man was arrested on a drug charge after residents complained two men were sitting on the balcony of their apartment smoking marijuana.

I don't know about Florida, but in California, the cops would laugh at you for that.
 
2012-11-01 02:50:47 PM  
I wonder how Police would react to the same call in WA and OR.
 
2012-11-01 02:51:11 PM  

Mitch Taylor's Bro: AverageAmericanGuy: In general, cops will show a little leniency and will usually let you off with a warning if you're only in possession of a little bit of weed. Just be up front and honest with usthem. They appreciate it a lot.

/not a cop
//free legal advice

wat?


LOL. FTFM
 
2012-11-01 02:51:28 PM  
Thank goodness cops are still enforcing marijuana laws. That stuff is .. deadly? evil? smelly? whatever.
 
2012-11-01 02:52:01 PM  

incendi: On the other hand,

"When they got out of their cruiser, the officer who wrote the arrest report noticed the aroma of burning marijuana."

Those cops were coming inside regardless. The guy probably saved himself the trouble of having his entire apartment torn apart.


Not necessarily. CSB: Cop pulls me over and claims he can smell mj in my car and asks if I'd been smoking. I was at a friends house before and we had smoked a while ago (2-3 hrs). I told him I wasn't smoking but I was my friends house and they were and that he probably smelled it on my clothes. He takes my license and registration back, takes forever, another car shows up (I may have had something that rhymes with hushrooms in the car) and at that point I pretty much expected to be a felon. To my surprise the other cop car boogied out and he came back and gave me a ticket for an unsafe lane change (which was actually a valid ticket, I didn't see a car in my blind spot and I cut them off). After I sign the ticket he asks "Since you don't have anything in there, you mind if I search your car?" Thank god I was a polisci major and knew my rights, so I just told him, "Sir, I respectfully decline your search." and I'll be goddamned if he didn't actually let me go. Probably helps I don't look like a stereotypical drug user with a squeaky clean criminal record aside from that ticket.
 
2012-11-01 02:53:09 PM  
Damn it, Day Day.
 
2012-11-01 02:53:54 PM  

Britney Spear's Speculum: NICEVILLE - A man was arrested on a drug charge after residents complained two men were sitting on the balcony of their apartment smoking marijuana.

I don't know about Florida, but in California, the cops would laugh at you for that.


Unfortunately FL doesn't have the same pleasant liberal political atmosphere as CA. Marijuana legalization would make so much sense for FL, the huge number of seniors with a wide variety of medical ailments would certainly benefit, the weather is perfect for growing it, and it would lead to a natural reduction in the pill-mill 'pain clinics' that hand out Oxy like candy by providing a legal, cheaper, and less side-effecty alternative and a resultant loss of business to the pill mills. Unfortunately this is the same state that turned down millions of federal dollars for a light rail system that would have led to thousands of jobs and a huge boost to the economy in the middle of the worst financial collapse in decades just to stick it to the Dems.
 
2012-11-01 02:54:46 PM  
"Why yes officers, our pot's right over here and thanks for noticing."

www.samdowning.com
 
2012-11-01 02:55:39 PM  

AverageAmericanGuy: In general, cops will show a little leniency and will usually let you off with a warning if you're only in possession of a little bit of weed. Just be up front and honest with us. They appreciate it a lot.

/not a cop
//free legal advice


You sound white.
 
2012-11-01 02:56:03 PM  

AverageAmericanGuy: Mitch Taylor's Bro: AverageAmericanGuy: In general, cops will show a little leniency and will usually let you off with a warning if you're only in possession of a little bit of weed. Just be up front and honest with usthem. They appreciate it a lot.

/not a cop
//free legal advice

wat?

LOL. FTFM


That's a pretty odd "mistake", officer.
 
2012-11-01 02:57:38 PM  

gopher321: But they asked so nicely!


But they were talking with their mouth full - of donuts.
 
2012-11-01 02:58:31 PM  

scottydoesntknow: If you live in an apartment complex or have very close neighbors DO NOT SMOKE OUTSIDE. Simple as that. No sympathy for them being stupid.


Would the police had enough grounds to enter without permission or a warrant? We'll never know.

I don't see why authoritarians should fret about people having too many rights when the average moron isn't even using the rights they have.
 
2012-11-01 03:01:20 PM  

AverageAmericanGuy: In general, cops will show a little leniency and will usually let you off with a warning if you're only in possession of a little bit of weed. Just be up front and honest with us. They appreciate it a lot.

/not a cop
//free legal advice


Are you trolling or do you actually live somewhere like that?

In Cincinnati, where I'm from, they generally just give you a ticket or don't even bother. Though, some of the small township cops might harass you.

Here they'll likely arrest you immediately if you admit it. And then you're at the mercy of whether your judge is an asshole or not. And your arrest and the reason for it go in the local newspaper, for everyone to see, which is great if you don't mind your employer, coworkers and family seeing.
Even if it doesn't end up there, it is public record, which is free to view online here, so if you get arrested or go to court anyone can see it if they look it up.
So yeah. being up front, probably not a good idea, unless you don't worry about employment or anyone knowing about it.
 
2012-11-01 03:04:35 PM  

Ihaveanevilparrot: Are you trolling or do you actually live somewhere like that?

In Cincinnati, where I'm from, they generally just give you a ticket or don't even bother. Though, some of the small township cops might harass you.

Here they'll likely arrest you immediately if you admit it. And then you're at the mercy of whether your judge is an asshole or not. And your arrest and the reason for it go in the local newspaper, for everyone to see, which is great if you don't mind your employer, coworkers and family seeing.
Even if it doesn't end up there, it is public record, which is free to view online here, so if you get arrested or go to court anyone can see it if they look it up.
So yeah. being up front, probably not a good idea, unless you don't worry about employment or anyone knowing about it.


Hearing this stuff makes me so glad I live in Colorado. I might be even more glad in less than a week!
 
2012-11-01 03:07:18 PM  

Communist_Manifesto: Hearing this stuff makes me so glad I live in Colorado. I might be even more glad in less than a week!


So much this. Go Amendment 64!
 
2012-11-01 03:08:29 PM  
Actual photo of the suspect:
i229.photobucket.com
 
2012-11-01 03:09:54 PM  

scottydoesntknow: If you live in an apartment complex or have very close neighbors DO NOT SMOKE OUTSIDE. Simple as that. No sympathy for them being stupid.


Well there YOU are sweeheart, biatching about everything. Makes you sound smart on a Fark thread doesn't it? Go beat your chest somewhere else ya farking pansy.
 
2012-11-01 03:12:38 PM  

Mitch Taylor's Bro: AverageAmericanGuy: In general, cops will show a little leniency and will usually let you off with a warning if you're only in possession of a little bit of weed. Just be up front and honest with us. They appreciate it a lot.

/not a cop
//free legal advice

wat?


Sure. Just try that in San Jose, most of the San Joaquin Valley, or anywhere in Orange County. Let me know how that goes for you.
 
2012-11-01 03:15:39 PM  
Actually they only have the authority you let them have. They are all revenue extraction agents with a FOR PROFIT corporation. The PEACE OFFICER no longer exists, the republic has been taken vacant for some time while the democracy has been inhabited by corrupted bankers and lawyers. I have proof if anyone would like it. Hint, it started back in 1913. Look up any local or state police department as well as your churches Here
 
2012-11-01 03:16:00 PM  

dj_spanmaster: Mitch Taylor's Bro: gopher321: But they asked so nicely!

Duh, the whole episode took place in Niceville!

/ no, seriously, check the byline!

Niceville's a fine place, though to be fair this is something that just about any pothead could do.


I was not amused at seeing this happened in my area. It's telling that the rag NWF Daily News has nothing better to report on.
 
2012-11-01 03:17:11 PM  

Communist_Manifesto: incendi: On the other hand,

"When they got out of their cruiser, the officer who wrote the arrest report noticed the aroma of burning marijuana."

Those cops were coming inside regardless. The guy probably saved himself the trouble of having his entire apartment torn apart.

Not necessarily. CSB: Cop pulls me over and claims he can smell mj in my car and asks if I'd been smoking. I was at a friends house before and we had smoked a while ago (2-3 hrs). I told him I wasn't smoking but I was my friends house and they were and that he probably smelled it on my clothes. He takes my license and registration back, takes forever, another car shows up (I may have had something that rhymes with hushrooms in the car) and at that point I pretty much expected to be a felon. To my surprise the other cop car boogied out and he came back and gave me a ticket for an unsafe lane change (which was actually a valid ticket, I didn't see a car in my blind spot and I cut them off). After I sign the ticket he asks "Since you don't have anything in there, you mind if I search your car?" Thank god I was a polisci major and knew my rights, so I just told him, "Sir, I respectfully decline your search." and I'll be goddamned if he didn't actually let me go. Probably helps I don't look like a stereotypical drug user with a squeaky clean criminal record aside from that ticket.

am not brown

ftfy
 
2012-11-01 03:18:30 PM  

inner ted: am not brown

ftfy


I thought that went without saying, lol. I don't think that I could find a non white person with a similar story, which is pretty farking sad.
 
2012-11-01 03:21:03 PM  

Neato: dj_spanmaster: Mitch Taylor's Bro: gopher321: But they asked so nicely!

Duh, the whole episode took place in Niceville!

/ no, seriously, check the byline!

Niceville's a fine place, though to be fair this is something that just about any pothead could do.

I was not amused at seeing this happened in my area. It's telling that the rag NWF Daily News has cops nothing better to report on.


FTFY
 
2012-11-01 03:22:58 PM  

scottydoesntknow: If you live in an apartment complex or have very close neighbors DO NOT SMOKE OUTSIDE. Simple as that. No sympathy for them being stupid.


Apartments with fireplaces are great. Particularly gas fireplaces, as you can turn them on for just a short time without any hassle. But really, as long as the chimney vents 60+ feet in the air, it really can make apartment living a lot nicer.
 
2012-11-01 03:25:53 PM  

Hector Remarkable: Actual photo of the suspect:
[i229.photobucket.com image 500x281]


Yep - I can see the "narcotic equipment" right there in his hand. (As defined in Florida Statutes.)

/String 'em up, boys
 
2012-11-01 03:26:31 PM  
What if he comes back, the dog sniffs the devils weed, and he gets a warrent on the strength of the dogs testimony?
 
2012-11-01 03:26:58 PM  

AverageAmericanGuy: In general, cops will show a little leniency and will usually let you off with a warning if you're only in possession of a little bit of weed. Just be up front and honest with us. They appreciate it a lot.

/not a cop
//free legal advice


Yeah, don't do this.
 
2012-11-01 03:29:28 PM  
Floyd: They are at the Safari Motor Hotel Inn
 
2012-11-01 03:34:35 PM  

scottydoesntknow: incendi: On the other hand,

"When they got out of their cruiser, the officer who wrote the arrest report noticed the aroma of burning marijuana."

Those cops were coming inside regardless. The guy probably saved himself the trouble of having his entire apartment torn apart.

Quick question for legal people (or internet lawyers): Do cops need probable cause to get a warrant issued, or does probable cause supercede a warrant and allow them to enter immediately? I know in cars they can just say they smell it and it's probable cause, but does that work on a property too?


Internet Armchair Lawyer here-
One of three things makes a search admissible-
1. A warrant
2. Proper permission. If it's evidence against YOU, that's one thing. There are complicated cases, however. Can you let cops take a look through your dirtbag roommates' stuff? Can a landlord, who owns the property, let cops in? Varies by state and not always clear, cops will almost always go with a warrant unless it's the driver giving permission to search.
3. What's called "Exigent Circumstances". This started as "well if someone's clearly in danger, they can enter to protect that person". Then "hot pursuit of a suspect, you can't just break into a car, get chased back to your house (or a friend's house), cross the threshold and say 'home base, I win!'". Then "well if cops believe evidence would be destroyed if they didn't enter" (they knock on the door over a noise complaint, smell pot and see a guy rushing to the toilet with a baggie). Exigent Circumstances have devolved with one precedent after another enumerating the examples, eroding rights of searches of your residence, and it varies by state and varies a lot MORE depending on how good of a lawyer you have.

Have fun Googling the term "Exigent Circumstances", that's the keyword to take away from this.

In some cases all it takes is an officer to show up over a noise complaint, say in court that he "smelled marijuana" when someone came to the door, and used this to justify forced entry, searches, arrests, all without a warrant. And no marijuana was ever found. This is legally possible in some states. 

Let's be clear- this is about legally acceptable forced entry WITHOUT a warrant. All these things could also be used to get a warrant from a judge. Not all judge-issued warrants hold up in court either, BTW. Basis can be found to be unconstitutional under review. A judge could physically sign a warrant with "probable cause" listed as "black person in white neighborhood", but this is easily invalidated and will get thrown out, along with any evidence found. That's your "remedy". Note that this doesn't automatically entitle you to compensation, that's an uphill battle. If you were arrested for outstanding warrants during this, you will stay arrested even if the warrant was bullshiat.

Warrants no longer limit their scope to one "thing". For example, a cop might get a warrant based on the idea they smelled marijuana coming from your car (and you refused a search, and they decide not to try a warrantless search). The warrant will say they're searching for "anything which may be used as evidence in any criminal investigation of anyone". If no marijuana is found, that won't matter, any OTHER "evidence" found may still be valid. OK, no pot, but they found 7 hits of Exstacy and an unlicensed firearm. Still legally admissible.
 
2012-11-01 03:39:43 PM  

AeAe: Thank goodness cops are still enforcing marijuana laws. That stuff is .. deadly? evil? smelly? whatever.


because it's popular to think that! but cocaine, crack, meth? that's a no no of course. cause you're sheeple
 
2012-11-01 03:40:43 PM  
Dave?

/not yet?
 
2012-11-01 03:41:04 PM  

AverageAmericanGuy: In general, cops will show a little leniency and will usually let you off with a warning if you're only in possession of a little bit of weed. Just be up front and honest with us. They appreciate it a lot.


I have not observed this to be good advice.
 
2012-11-01 03:45:00 PM  
@Oznog

#Corpus Delecti

It is all about understanding the difference between rights and privileges. Property = rights, if you dont have property then you have no rights. Wonder why you have to "register" all of your property with the state? Equitable title instead of allodial titles. Everyone would do good to look this up and understand their real constitutional rights.

/no victim, no crime. no crime, no case.

//fought the law..... and won.
 
2012-11-01 03:45:02 PM  

Jon iz teh kewl: AeAe: Thank goodness cops are still enforcing marijuana laws. That stuff is .. deadly? evil? smelly? whatever.

because it's popular to think that! but cocaine, crack, meth? that's a no no of course. cause you're sheeple


Having done a fair amount of meth way back in my youth and having seen what it did to many people I knew, I can say that shiat is pretty bad for you and should not be compared to marijuana unless you're trying to look like an uninformed idiot.

/cocaine isn't quite as bad as meth
 
2012-11-01 03:45:36 PM  

Communist_Manifesto: Ihaveanevilparrot: Are you trolling or do you actually live somewhere like that?

In Cincinnati, where I'm from, they generally just give you a ticket or don't even bother. Though, some of the small township cops might harass you.

Here they'll likely arrest you immediately if you admit it. And then you're at the mercy of whether your judge is an asshole or not. And your arrest and the reason for it go in the local newspaper, for everyone to see, which is great if you don't mind your employer, coworkers and family seeing.
Even if it doesn't end up there, it is public record, which is free to view online here, so if you get arrested or go to court anyone can see it if they look it up.
So yeah. being up front, probably not a good idea, unless you don't worry about employment or anyone knowing about it.

Hearing this stuff makes me so glad I live in Colorado. I might be even more glad in less than a week!


Yeah until the Feds crack down on the fun.
 
2012-11-01 03:48:28 PM  

chachi88: Yeah until the Feds crack down on the fun.


I'm actually looking forward to that part...

Personally, I don't think it's going to go well for the Feds if they try to roll into CO and start arresting people for smoking weed.
 
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