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Started By
Message
re: W VA Supreme Court considers if smell of Marijuana can be basis for Police to search home.
Posted on 5/5/26 at 5:37 pm to HubbaBubba
Posted on 5/5/26 at 5:37 pm to HubbaBubba
quote:
A) legal medical marijuana use prescribed by a physician
B) legal hemp use
C) as noted on here, it could be a neighbor's use
Either way, the police were there to investigate a possible suicide threat, could not find the person and failing that, decided (correctly) the smell was attributed to illegal activity and only confirmed it with an illegal entry.
No, police are not limited to only specifically investigate what they're called for. Entire premise of your comment is false.
This post was edited on 5/5/26 at 6:28 pm
0
Posted on 5/5/26 at 5:49 pm to imjustafatkid
quote:
What exactly is probable cause to search for drugs if the smell of drugs isn't probable cause? This strikes me as raising the bar of "probable cause" so high as to make investigating this crime impossible.
You mean the smell of a legally obtained hemp product?
Posted on 5/5/26 at 6:27 pm to Dawgfanman
quote:
You mean the smell of a legally obtained hemp product?
No, unlike what you must assume, I am very familiar with the difference.
Posted on 5/5/26 at 6:30 pm to HubbaBubba
quote:
Now, I'm against drug trafficking, but I'm more against illegal search and seizure. Especially when it comes to the scent of marijuana when it's legalized
It's an unmeasurable standard and should be stopped
Posted on 5/5/26 at 6:33 pm to HubbaBubba
Officer, I have a domesticated skunk operation
Posted on 5/5/26 at 6:36 pm to LSUJames
quote:
Heck yeah!!!
“LSUJames house smells like weed, we’re going in”
You don’t smoke and in favor of this and now they/you want it that easy to violate your rights.
Posted on 5/5/26 at 6:37 pm to hogcard1964
quote:
If they can search a car due to the smell of fresh weed during a traffic stop, why not allow them to do it at a house?
You realize these dumbasses will smell weed every time they want to check your house.
Posted on 5/5/26 at 6:43 pm to imjustafatkid
Legal substances that smell like marijuana (weed) include industrial hemp flower, CBD flower
Posted on 5/5/26 at 6:47 pm to HubbaBubba
I've no issues with weed.
I'm not one of those "derr legalize all drugs and let people have the freedom to choose " types. Because the hard shite like meth, crack, heroin, fentanyl, motherfrickers will rob or kill to get money for their next fix. Why the frick should my shite get stolen just because someone else enacted their freedom to do meth?
I'm not one of those "derr legalize all drugs and let people have the freedom to choose " types. Because the hard shite like meth, crack, heroin, fentanyl, motherfrickers will rob or kill to get money for their next fix. Why the frick should my shite get stolen just because someone else enacted their freedom to do meth?
Posted on 5/5/26 at 6:47 pm to DeBoar
Lmao that was my response to a toonces the driving cat with cheech and Chong in a movie.
Posted on 5/5/26 at 6:49 pm to LegendInMyMind
quote:
It shouldn't. There are some cops who "smell marijuana" everywhere.
Like, on their own clothes?
Posted on 5/5/26 at 6:50 pm to hogcard1964
quote:
they can search a car due to the smell of fresh weed during a traffic stop, why not allow them to do it at a house?
They should stop that
Posted on 5/5/26 at 9:22 pm to Bjorn Cyborg
quote:
Wouldn't this negate the entire concept of drug dogs?
Considering drug dogs false/true hit rates are on par with a coin flip.... Neither the dog or cop can present any evidence to back up thier claim but its accepted as fact in court as probable cause... something really wrong here....
Posted on 5/5/26 at 10:15 pm to imjustafatkid
quote:
This search shouldn't be illegal.
That's your opinion. My opinion is that it should.
And my opinion is that illegal searches are a greater potential threat to me (and Americans in general) than are illegal weed dealers.
The fact that you WANT cops to have the ability to just search anyone they want, willy-nilly, tells me all I need to know about you. You're part of the problem.
Posted on 5/5/26 at 11:08 pm to dakarx
quote:
Considering drug dogs false/true hit rates are on par with a coin flip.... Neither the dog or cop can present any evidence to back up thier claim but its accepted as fact in court as probable cause... something really wrong here..
Wait, so if the case goes to court then they found weed. So how can you say they lied about smelling it?
Anyone that’s been around weed knows the smell and how it can linger. A car can smell of weed and there not be any in there but doesn’t mean there wasn’t some earlier. Either way, nobody is gonna lie about smelling it and yet hope the stuff they don’t actually smell is in there
Posted on 5/5/26 at 11:14 pm to HubbaBubba
I’d say nah..
Now, if they smell it after pulling someone over on a traffic stop, sure, search away, because they are probably stoned AF and driving under the influence.
Now, if they smell it after pulling someone over on a traffic stop, sure, search away, because they are probably stoned AF and driving under the influence.
Posted on 5/6/26 at 2:43 am to hogcard1964
quote:
If they can search a car due to the smell of fresh weed during a traffic stop, why not allow them to do it at a house?
Had to chuckle, having visions of college football during the NIL era. What cha gonna do with the money.....
Im gonna go buy the most conspicuous car I can, load it up with weed, buy myself a gun, then Im gonna let my license expire, fire me up a spliff and me and my buddies will race through town with the gun and dope laying on the backseat.
But that search was illegal I dont know why they pulled me over.
Posted on 5/6/26 at 5:33 am to HubbaBubba
They should have acted on an anonymous tip.
Posted on 5/6/26 at 5:45 am to imjustafatkid
quote:
What exactly is probable cause to search for drugs if the smell of drugs isn't probable cause?
What are the consequences to the cop who lies about smelling weed and doesn't find any? Oh, but cops never, ever lie do they?
Posted on 5/6/26 at 6:49 am to Nurbis
quote:
When the onus is on the prosecution to prove there was probable cause to search me, how can an unverifiable smell be the basis for that?
The recently burnt joint that’s found in the cupholder and the meth in the console does that.
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