That video is one of the most important videos for an American stoner who drives to watch. You got lucky grandpappypurp, you got damn lucky.
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That video is one of the most important videos for an American stoner who drives to watch. You got lucky grandpappypurp, you got damn lucky.
That must be the video you are talking about, which is in my sig (how to not get busted) and the one I posted in this thread a few posts up.Quote:
Originally Posted by partyguy420
http://youtube.com/watch?v=3NmC5wHfCdM
It says smell is probable cause in the video, kinda. The problem is, you have to listen very carefully.Quote:
Originally Posted by Frivolous248
At one point he says "make sure to only roll down your windows partway, so that the officer cannot stick his nose into the care or get a good look around" or something to that effect. I've known of people getting searched on smell before, so yeah, I guess one of us should get off of our lazy asses and check it out.
...No need to get hostile.
He never states whether smell is probable cause or not, just because it is somewhat implied does not mean it is. It might be...but it might not be.
In the section where he tells you what probable cause, he does not mention smell. He does say "this part is kinda fuzzy" so maybe smell is sometimes probable cause, but the only thing he really says is probable cause is the plain view rule.
I don't see why a cop should be able to go from smell alone. He might have a hunch (which is never enough) and then claim he smells some. If they can go from smell, I don't see why they don't claim it smells every time. By the time your in court then theres no way you can disprove it didn't smell, especially since you'd only be in court if you got busted.
Well, if a cop ever tries to search my car based on smell alone, he can suck a dick for all I care, I ain't letting him in.
I was talking to an old friend who has been on the police force for a couple years now and he say's the same thing as you.Quote:
Originally Posted by Psycho4Bud
If you refuse a search the cop just has to detain you in which case you no longer need to consent and they are free to search your car.
Trust me, there are loop holes for nearly everything. Yes cops no loop holes to get around our rights. The same exact case may get thrown out of one court where as in another you get 6 months in prison.
What I'm saying is do what your gut tells you when you get pulled over. Most of the time you can tell how big a dick is when he pulls you over. I have gotten out of two DUI's because the cops didn't feel like doing paper work and I was nice and polite.
Don't get cocky because of the U.S. Constitution because there are way's to get around it.
But I will give it to you, in most cases your best bet is to follow what the video sugests and if the worst still happes get mommy and daddy to hire a decent lawyer.