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11-30-2010, 12:38 AM #7
OPSenior Member
Do waterproof backpacks hide weed?
The US Supreme Court ruled in Arkansas vs. Sanders the vehicle exception of the fourth amendment does not apply to luggage, because there is no 'exigency.' While the police can search your vehicle if they see something in plain view or if they smell an odor which they have been trained to recognize as marijuana, police must obtain a search warrant to search your luggage extracted from your vehicle (even if they smell marijuana leaking from the luggage). The search of your vehicle is warrantless because a vehicle can be driven off the scene before a search warrant is granted, but the court ruled that luggage doesn't have the threat of walking away. No laws can reverse the ruling. The only question would be if a backpack on a motorcyclist or scooterist counts as luggage.
Originally Posted by RESiNATE
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