Illegal Search & Seizure

[Colin805]

In CALIFORNIA (Santa Barbara) is the odor of marijuana enough probable cause to search a vehicle if you have your medical recommendation and that was known prior to the search. Nothing was visible that would allow a search.

[Sgt. Slaughter]

Shouldn't your defense attorney know the answer to that question?

[Colin805]

I'm sorry, is that supposed to be helpful?

[Colin805]

I'm doing a study on how police uphold their prejudices and not the law.

[scott715us]

I'm doing a study on how police uphold their prejudices and not the law.

cough cough (bullsh**) cough cough

[Sgt. Slaughter]

I'm sorry, is that supposed to be helpful?

This forum isn't the magic 8-ball. You don't ask, shake and get an answer. We're allowed to ask questions, too.

I'm doing a study on how police uphold their prejudices and not the law.

Bull****. Were that the case, you'd at least know what the law and applicable case law is prior to doing any sort of research.

Try again.

[acreature]

I'm doing a study on how police uphold their prejudices and not the law.

Sweet! Study away.... Police will not help pot heads.

Prejudice? Like Stoners are a race?

[Citicop]

Possession of Marijuana violates Federal Law.

While I am not aware of a specific case in California Court (and I don't work there) I would say that the odor of marijuana still constitutes PC to search under those circumstances.

I would bet that it gets in at court.

Now, how the 9th circuit rules when it gets appealed is anyone's guess...

-Citicop.

[greg72982]

Come on guys it's for his glaucoma.

[Cat_Doc]

I have yet to run across any of the medical marijuana stuff, but the fresh odor of marijuana in a vehicle does constituent a lawful search of the vehicle. Even if the OP is attempting to implicate that the marijuana was legal under California state law, I doubt very seriously you can smoke it and operate a motor vehicle.

Personally, I wouldn't throw a fit if they decriminalized marijuana, put the same tax and restrictions on it as alcohol, and then enact summary execution of anyone found in possession of methamphetamine. A good trade off.

I would invite any decaying POS methheads to join in an argue this, but I know they only sell the stolen computers and won’t even read this. I despise those fuckers, really despise them.

[Sgt. Slaughter]

hehehe

You said "constituent." :D

[Sgt. Slaughter]

I last posted at 420 and no response.



Someone busy tokin' it up???

:D

[manahmanah]

Yes. I can and will search your vehicle. I have done it before and will continue to do so. BTW, even if you have a "legit" medical marijuana card, it does not give you the right to drive while under the influence of it. That is a DUI of drugs, and you will be arrested for it. :D

It's funny how all of the local 18-24 year old gang members in my city all of a sudden have such horrible medical conditions that they need medical marijuana cards..... :rolleyes: We pop them anyway. :cool:

[BP348]

I have yet to run across any of the medical marijuana stuff, but the fresh odor of marijuana in a vehicle does constituent a lawful search of the vehicle. Even if the OP is attempting to implicate that the marijuana was legal under California state law, I doubt very seriously you can smoke it and operate a motor vehicle. .

+1

Fresh odor give me plenty of PC to search the vehicle. Of course I'm federal so that CA law dosen't apply.

[L-1]

A couple of things come to mind off hand.

First, a medical recommendation alone is not sufficient. You have to have a medical marijuana card issued by your county health department in your possession. Absent that, you are just another person who is in unlawful possession.

Second, the odor of marijuana suggests the possibility that the vehicle operator may have been smoking it. Medical marijuana card or not, driving under the influence is still prohibited and a search for instrumentalitities of the crime based on smell would be a lawful exception to the warrant requirement.

Third, under the medical marijuana act, state law says card holders are limited to possessing a specific, small amount of the drug. An odor as strong as you suggest would cause a reasonable person to believe the vehicle operator possessed more than the minimum amount and a warrantless search would again be reasonable to determine the amount in question. .

Fourth, even though a medical marijuana card may give you King's X under state law, it doesn't exempt you from federal law, so the odor still provides reasonable cause for a warrantless search for federal contraband.

As a side note, while you are doing a study on prejudices, you might expand it to include the unreasonable prejudices the public have against police. You know, the kind of prejudice where the public has no idea what the law really is, and because of their ignorance, misjudges the police when they conduct what really are lawful searches and actually carry out the public's will as expressed through their laws?