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| Better Living Through Chemistry Discussions of any and all sorts of mind-warping chemicals, pills, booze, mind machines, trippy stuff, current street prices, importing pharmaceuticals, smart drugs, nutrients, herbs, and altered states. Please try to keep your conversations "theoretical" in nature, since this is an open conference. |
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#1
 2008-05-30, 03:33
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fat_thighs 
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Can smells be used as evidence?
Let's say a car reeks of weed, and a cop pulls that car over for a broken tail light or something. Guy rolls down the window and a big aroma of marijuana radiates from the car. There's no smoke, no weed, and no drug paraphernalia in the car. The cop calls in a drug sniffing dog, but finds nothing. The driver is not high, but it's obvious that pot was smoked in the car regularly.
Does the guy walk free, or can he be arrested for smelling a particular way?
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#2
 2008-05-30, 03:35
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laundrysoap 
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Re: Can smells be used as evidence?
He walks free if, as you say, nothing was found, he wasn't high, and nothing illegal was done.
But, if it's a really small town, like where you know the three cops by name, he can expect to be fucked with for quite a while coming.
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#3
 2008-05-30, 03:37
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42Oinchrims 
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Re: Can smells be used as evidence?
its cause enuf for you to get a blood test or urine test from the police (once they purposely fail you on the field test, that test is the biggest bunch of shit), i dont know how they prove you were high right then, but im sure if your levels were high theyd pin you with it anyway. A good lawyer would get it thrown out tho.
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#4
 2008-05-30, 03:56
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weirdlittlepotsmoker 
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Re: Can smells be used as evidence?
Ive been pulled over for my car smelling like weed, and the dog went crazy in my it. Didn't find anything, so they just gave me a ticket for speeding. Cops are kind of slack here.
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#5
 2008-05-30, 05:57
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activepsycho 
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Re: Can smells be used as evidence?
Cops usually have better things to do than charge people with a crime and send them to court with zero evidence for their case, I think in the end it comes down to how you handle the situation. Be a dick, get arrested; deny everything and be polite, free to go.
Most places in america, smell constitutes probable cause to search person and vehicle, but it's not sufficient in itself to make an arrest. A failed sobriety test could get you a DWI-drugs or a public intoxication, but again, that's just a cop being a prick, probably not the norm.
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#6
 2008-05-30, 06:29
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Tizzo 
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Re: Can smells be used as evidence?
As It was said above, you could get a DWI(driving while intoxicated). In Michigan if they pull you over, you can be taken to the station to get blood drawn. If they have the slightest whim that you've taken any drug, seem "intoxicated", or have a past record of drug offenses. And anything in your system(even small levels of THC) can be charged as DWI.
Two of my friends have been charged with this, although not for just THC, but my point is still valid. And it's a real shame because you can't really do anything to fight it.
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#7
 2008-05-30, 07:11
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Re: Can smells be used as evidence?
Yea, if the cop says he smells weed that is "reasonable cause" for him to search your car.
Edit: After reading through some of the other posts I feel sorry for you guys living in Umerica. All they can do here is search your car, if they don't find anything you walk free. They can't take your blood, and charge you with DUI, only for alcohol.
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#8
 2008-05-30, 13:35
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fat_thighs 
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Re: Can smells be used as evidence?
What if you refuse to give a blood/urine test? That seems unconstitutional to be able to take someone's blood just because he smells. Then again, all drug laws are unconstitutional...
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#9
 2008-05-30, 15:57
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gogetalife13579 
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Re: Can smells be used as evidence?
if u refuse a test they'll just arrest you on the spot. happened to my dad for alchy.
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#10
 2008-05-30, 16:57
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Regular
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OPS 2A building 688-6911(b)
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Re: Can smells be used as evidence?
Quote:
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Originally Posted by gogetalife13579
if u refuse a test they'll just arrest you on the spot. happened to my dad for alchy.
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That's fair enough.
If you're innocent and have nothing to hide, then why worry about a Breathalyzer.
Now you'll bitch about how he's innocent so he shouldn't have to, but drink driving kills or injures other innocent people, so good on the police for taking a pro-active stance against drink drivers or possibly drink drivers.
Seriously, what did you expect the cops to do? Let him carry on driving when he refused a breathalyzer?
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#11
 2008-05-30, 17:25
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Super Moderator
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Sebastopol CA
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Re: Can smells be used as evidence?
Quote:
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Originally Posted by gogetalife13579
if u refuse a test they'll just arrest you on the spot. happened to my dad for alchy.
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Not only that but you'll lose your license.
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#12
 2008-05-30, 17:57
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fat_thighs 
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Re: Can smells be used as evidence?
I don't condone driving under the influence of any drugs. That's not what this thread is about. I've never driven under the influence of anything and never plan on it. Anyone who does drive under the influence deserves to think about it for a while in jail. Drunk drivers make the road an unsafe place.
But blood tests for THC that might've been smoked weeks ago? That's plain unjust. They have reasonable cause to assume I was smoking if the car smells, but I have my rights. I don't need to give my blood everytime a cop takes a whiff of my car. "If you have nothing to hide, then you should give them blood". Sorry but I'd prefer not to obey every order, especially if it can incriminate me when I don't have to be incriminated.
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#13
 2008-05-30, 19:34
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ilovechronic 
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Re: Can smells be used as evidence?
Quote:
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Originally Posted by fat_thighs
Let's say a car reeks of weed, and a cop pulls that car over for a broken tail light or something. Guy rolls down the window and a big aroma of marijuana radiates from the car. There's no smoke, no weed, and no drug paraphernalia in the car. The cop calls in a drug sniffing dog, but finds nothing. The driver is not high, but it's obvious that pot was smoked in the car regularly.
Does the guy walk free, or can he be arrested for smelling a particular way?
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if a car smells like weed it can give the officer what is called probable coause to search the vehicle. This also applys if something is in plain view. He/she can pretty much use anything as probable cause.
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#14
 2008-05-30, 21:06
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MasterMind420 
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Re: Can smells be used as evidence?
That's fair enough.
If you're innocent and have nothing to hide, then why worry about a Breathalyzer.
Because it's only the start of an invasive rape on my human rights.
You want to give another measly human that power over you?
I guess bending over is how you make your livings
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#15
 2008-05-30, 22:08
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fat_thighs 
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Re: Can smells be used as evidence?
I proposed this hypothetical situation because it's the way I handle drugs in my car. I often smoke in my car, but I never bring more than 1 or 2 spliffs with me (bowls and bongs are for home). And if I do smoke in my car, it's in a parking lot somewhere after arriving at my destination.
This avoids any trouble in my mind. I have nothing to hide in my car but the 2 spliffs which can be eaten in a pinch. However, the car can smell sometimes, and the hypothetical situation of being pulled over is the only thing I worry about.
Seems like if I have absolutely nothing to hide, I'll just have to be nice to the cop, let him search away (I know I have the right to refuse search, but that becomes iffy when he has probable cause), and get off easy when he realizes I'm not carrying anything.
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#16
 2008-05-30, 22:54
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Regular
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OPS 2A building 688-6911(b)
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Re: Can smells be used as evidence?
Because it's only the start of an invasive rape on my human rights.
You want to give another measly human that power over you?
I guess bending over is how you make your livings
If by giving up a stupid right not to blow in a breathalyser saves INNOCENT peoples lives, then I'm all for it. Truth is drunk drivers dont only hurt/injure themselves, it's always innocent sober civilians too.
I guess I don't care about my "rights" too much cos I'm not the one getting shitdicked on by my government by removing rights in secret.
At least the British gov't openly remove our rights and we all accept it/don't really care enough.
But yea, England's history is based on pride and history and eliteness, all America has are it's "promised rights" which frankly aren't there.
It was only 40 years ago all your citizens were equal and had equal rights. You're government never lies to you [see um.... 14th amendment?].
Hang on let me quote from your constitution:
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws"
What was that, 40 years ago black people finally had full rights?
Don't complain about rights nigger, you have none.
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#17
 2008-05-31, 02:28
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Re: Can smells be used as evidence?
If by giving up a stupid right not to blow in a breathalyser saves INNOCENT peoples lives, then I'm all for it. Truth is drunk drivers dont only hurt/injure themselves, it's always innocent sober civilians too.
I guess I don't care about my "rights" too much cos I'm not the one getting shitdicked on by my government by removing rights in secret.
At least the British gov't openly remove our rights and we all accept it/don't really care enough.
But yea, England's history is based on pride and history and eliteness, all America has are it's "promised rights" which frankly aren't there.
It was only 40 years ago all your citizens were equal and had equal rights. You're government never lies to you [see um.... 14th amendment?].
Hang on let me quote from your constitution:
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws"
What was that, 40 years ago black people finally had full rights?
Don't complain about rights nigger, you have none.
you're a fucking moron
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#18
 2008-05-31, 03:43
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Ljudska 
Regular
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Re: Can smells be used as evidence?
If by giving up a stupid right not to blow in a breathalyser saves INNOCENT peoples lives, then I'm all for it. Truth is drunk drivers dont only hurt/injure themselves, it's always innocent sober civilians too.
I guess I don't care about my "rights" too much cos I'm not the one getting shitdicked on by my government by removing rights in secret.
At least the British gov't openly remove our rights and we all accept it/don't really care enough.
But yea, England's history is based on pride and history and eliteness, all America has are it's "promised rights" which frankly aren't there.
It was only 40 years ago all your citizens were equal and had equal rights. You're government never lies to you [see um.... 14th amendment?].
Hang on let me quote from your constitution:
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws"
What was that, 40 years ago black people finally had full rights?
Don't complain about rights nigger, you have none.
wow, you're really clueless, aren't you?
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#19
 2008-05-31, 04:42
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Defekt 
Regular
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Re: Can smells be used as evidence?
Its an implied consent law. When you get your lisence its in there somewhere, you agree that when you are driving, if asked, you are required to submit to a field subriety test. If you don't want to be tested, don't drive. Driving is a privilege, not a right.
If you want to throw the whole "why can't i do what i want with myself blah blah" out there, you can, as long as it does not harm or interfere with others, and drunk drivers/unlisenced drivers have a high possibility of doing that.
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#20
 2008-05-31, 04:56
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poofeek 
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Re: Can smells be used as evidence?
Because it's only the start of an invasive rape on my human rights.
You want to give another measly human that power over you?
I guess bending over is how you make your livings
no man, when it comes down to something that puts other peoples safety at risk and doesn't take long is not a real infringement on your rights. A car search is something completely different, even If I don't have anything in my car its a waste of my time and that cop's time.
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#21
 2008-05-31, 12:06
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Regular
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OPS 2A building 688-6911(b)
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Re: Can smells be used as evidence?
you're a fucking moron
Lol.
wow, you're really clueless, aren't you?
More lol.
Silly Americans, so naive and blind.
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#22
 2008-06-03, 06:40
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Tizzo 
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Re: Can smells be used as evidence?
Lol.
More lol.
Silly Americans, so naive and blind.
How untrue reject. We Americans grew up with these rights, it was taught to us through every grade in school that we have certain rights that no one, no matter who they are can take away from us.
I understand that driving is a privilege, but it is difficult for us to throw out the fourth amendment. Although the patriot act pretty much decimated the fourth amendment, we still attempt to cling to what is left of it.
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#23
 2008-06-03, 18:32
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Pooter 
Regular
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Re: Can smells be used as evidence?
Quote:
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Originally Posted by 42Oinchrims
its cause enuf for you to get a blood test or urine test from the police (once they purposely fail you on the field test, that test is the biggest bunch of shit), i dont know how they prove you were high right then, but im sure if your levels were high theyd pin you with it anyway. A good lawyer would get it thrown out tho.
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Doesn't matter. If you fail a blood test, you just got a dui. Doesn't matter if you smoked a month ago or 40 minutes ago, the legal system has no sympathy or acceptance for illegal substance use.
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#24
 2008-06-03, 18:49
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angustheotherwhitemeat 
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Re: Can smells be used as evidence?
If a cop [says he] smells weed in your car then he has probable cause to search your car. Floorboards meet duct tape if he can't find anything substantial; cops really take their jobs too personally.
Ive been pulled over for my car smelling like weed, and the dog went crazy in my it. Didn't find anything, so they just gave me a ticket for speeding. Cops are kind of slack here.
What part of NC are you in? And how do they pull you over for your car smelling like weed, unless you were sitting next to him with the windows down at a stoplight or something? 
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#25
 2008-06-03, 19:35
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fat_thighs 
Regular
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Re: Can smells be used as evidence?
I suppose I'll just have to have some air fresheners ready each time my car is used for baking. Oh well. Better than being forced into a blood test and having my license revoked.
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#26
 2008-06-03, 19:43
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Re: Can smells be used as evidence?
Lol.
More lol.
Silly Americans, so naive and blind.
naive and blind? look at the uk's history. talk about a government who's shit on pretty much the whole fucking world.
yeah 40 years ago civil rights laws were finally passed. but what about the rest of the third world that england chewed up and spat out in the past few hundred years. even with all that's going on with the u.s. and the middle east right now, america is still a saint compared to the uk.
elites? give me a fucking break! the uk has been chasing the us's coat tails for the past 150 years
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#27
 2008-06-03, 19:49
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Regular
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OPS 2A building 688-6911(b)
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Re: Can smells be used as evidence?
naive and blind? look at the uk's history. talk about a government who's shit on pretty much the whole fucking world.
yeah 40 years ago civil rights laws were finally passed. but what about the rest of the third world that england chewed up and spat out in the past few hundred years. even with all that's going on with the u.s. and the middle east right now, america is still a saint compared to the uk.
You seem to forget that we're not the ones with a constitution promising those rights to every citizen of our country.
We can shit on as many people as we like, and we're not breaking any promises.
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#28
 2008-06-03, 20:02
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Re: Can smells be used as evidence?
You seem to forget that we're not the ones with a constitution promising those rights to every citizen of our country.
We can shit on as many people as we like, and we're not breaking any promises.
touché
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