Let's talk about the law.

[ASIAN JUL]

OK, so, class tonight in criminal procedure/law we lightly touched on the fourth amendment.

For those who don't know, in the simplest terms, it's an amendment in the Bill of Rights that has to do with protection from unreasonable search and seizure.

Well, there was a kid who was really hell bent on raising questions about "why can police do this?" and basically ranting about crooked cops/judges, search warrants, probable cause, etc.

My take, is that you're only super concerned about the fourth amendment if you have something to hide. Of course no one wants their stuff rooted through for no reason, but I mean.. his example was getting pulled over and in the process of getting pulled over, the cop smells marijuana and searches your car. He then proceeded to rant that the cop would have no right to do so, etc. and that he'd mad because the cop "wasted" his time. Then continued to rant about judges not "seeing" the evidence or suspected evidence first hand, and that only going on a cop's word before signing for a warrant wasn't enough, along with other miscellaneous crap.

Then his last rant was that he was walking home once from a bar and said that a crime had been committed and that the cops questioned him and inconvenienced him, though he was not the one to do it.

What's your take on the fourth amendment? Would you really be that mad if someone pulled you over, thought they smelled weed and then searched your car? I mean, if you don't have anything in your car, then why is it a big deal if he just looks around your car real quick? I could understand being mad if he tore your seats apart and ripped out the dash but I guess I couldn't understand why this kid was so feverishly trying to talk about cops like they were evil.

Where do you personally draw the line for levels of expectation of privacy?


Or maybe this is a dumb thread and I need to shut up.. but it's been making me think all night.

[cszakolczai]

Originally Posted by MyCarIsFTL

OK, so, class tonight in criminal procedure/law we lightly touched on the fourth amendment.

For those who don't know, in the simplest terms, it's an amendment in the Bill of Rights that has to do with protection from unreasonable search and seizure.

Well, there was a kid who was really hell bent on raising questions about "why can police do this?" and basically ranting about crooked cops/judges, search warrants, probable cause, etc.

My take, is that you're only super concerned about the fourth amendment if you have something to hide. Of course no one wants their stuff rooted through for no reason, but I mean.. his example was getting pulled over and in the process of getting pulled over, the cop smells marijuana and searches your car. He then proceeded to rant that the cop would have no right to do so, etc. and that he'd mad because the cop "wasted" his time. Then continued to rant about judges not "seeing" the evidence or suspected evidence first hand, and that only going on a cop's word before signing for a warrant wasn't enough, along with other miscellaneous crap.

Then his last rant was that he was walking home once from a bar and said that a crime had been committed and that the cops questioned him and inconvenienced him, though he was not the one to do it.

What's your take on the fourth amendment? Would you really be that mad if someone pulled you over, thought they smelled weed and then searched your car? I mean, if you don't have anything in your car, then why is it a big deal if he just looks around your car real quick? I could understand being mad if he tore your seats apart and ripped out the dash but I guess I couldn't understand why this kid was so feverishly trying to talk about cops like they were evil.

Where do you personally draw the line for levels of expectation of privacy?


Or maybe this is a dumb thread and I need to shut up.. but it's been making me think all night.

The part in bold was a way to bring about the Patriot Act. I still don't want people searching through my conversations and wire tapping me, even if I do not have anything to hide.

And to address the question directly, if a cop were to "smell marijuana" lets remember lots of cops and people in general think they smell or see something... when in fact they did not. Also, lots of cops like to do things, just because they can. This is the same reason I keep getting pulled over for tinted windows, even after I show them my waiver, and the same cop keeps doing it. Lets not be naive and believe that all cops are just and honorable, there is a reason for the 4th amendment.

[ASIAN JUL]

no, I understand there's a need for the fourth amendment. No one wants their phones tapped or to be searched for no reason, etc.. But it seems like a lot of people bad mouth or blame cops after they get in trouble.. "he didn't smell weed, we didn't smoke weed all day in the car, that cop was after us" after they get busted for possession. I think I need to go to sleep.

[SvicksTc]

IDK, Last year coming home from my Canada house I finally drove up there by myself at 19 years old and with a slightly modified scion tc I had my stuff searched very rudely coming back into the US border on Intersate 81, They made me take apart my subwoofer, dumped all my clothes out on the floor, they where threatenign to rip my seats apart, and i had to pick up all my clothes and would of had to pay for any damage done to my car....

I mean I was harrased, and i guess that is their job to be like that but their is definitly crooked people out their...

[cszakolczai]

I agree with you completely. I just find it such a fine line that can be crossed by certain cops, and those are the ones who give a bad name for everyone else. I just know how many times I've been harassed by cops and I've finally gotten myself some PBA cards and other ways to identify I have cops that I know, and amazingly, its all stopped.

[97TurboDSM]

4th amendment goes out the window when probable cause is involved, as in the case of the odor of marijuana. tell the pot head to shut the hell up and move on.

[ASIAN JUL]

Yeah................ I don't know. I always get irritated when people go on rants about cops or "that cop was out to get me" kind of sob stories.


I was also interested in peoples' ideas of levels of expectation of privacy by posting this too

[sean3]

What's your take on the fourth amendment? Would you really be that mad if someone pulled you over, thought they smelled weed and then searched your car? I mean, if you don't have anything in your car, then why is it a big deal if he just looks around your car real quick?

Considering I don't smoke weed I would be rather pissed if some ass hat cop looked through MY stuff for no reason. I have nothing to hide but that doesn't mean I want people looking through my property.

[ASIAN JUL]

There IS a reason, at least in the situation I provided. An odor of weed.

[CleanNeon98]

Originally Posted by 97TurboDSM

4th amendment goes out the window when probable cause is involved, as in the case of the odor of marijuana. tell the pot head to shut the hell up and move on.

Seriously, if I was that kid and a cop came up to me and started harrasing me because my car reeked of pot, I would be mad too...it probbably was more like a first-hand experience than example for him.

[97TurboDSM]

a persons constitutional rights only go so far. if there is suspicion of illegal activity(probable cause) those amendments go right out the window, end of story. the constitution was designed to help protect us but when you abuse those rights and involve illegal activities, then you forfeit any rights you were given.

[sean3]

Originally Posted by MyCarIsFTL

There IS a reason, at least in the situation I provided. An odor of weed.

You said

I mean, if you don't have anything in your car, then why is it a big deal if he just looks around your car real quick?

So obviously his "probably cause" is a bunch of BS in that situation and I would be very pissed.

[ASIAN JUL]

I said.. Thought they smelled weed. I didn't say "made up the excuse that they smelled weed."

[97TurboDSM]

Originally Posted by CleanNeon98

Seriously, if I was that kid and a cop came up to me and started harrasing me because my car reeked of pot, I would be mad too...it probbably was more like a first-hand experience than example for him.

are you serious? smelling like weed, especially in a car, is probable cause for a search and seizure. getting pissed at the cop gives them more reason to want to search you.

[CleanNeon98]

Originally Posted by sean3

You said



So obviously his "probably cause" is a bunch of BS in that situation and I would be very pissed.

But the officer wouldn't know if there is anything without looking. If I have something in my car that smells like pot and gives the officer suspicion and they want to search my car, go ahead, there aren't many places where I can hide ****. Then if they start tearing **** apart and harassing me, it's a different story.

[TurboTagTeam]

I think the patriot act is totall BS. But it dosent matter. I'm willing to bet the government was doing everything spelled out in the act WAY before the act was passed.

No matter what laws or amendments are out there......there's allways ways around them.

[97TurboDSM]

Originally Posted by CleanNeon98

But the officer wouldn't know if there is anything without looking. If I have something in my car that smells like pot and gives the officer suspicion and they want to search my car, go ahead, there aren't many places where I can hide ****. Then if they start tearing **** apart and harassing me, it's a different story.

what?

[ASIAN JUL]

Customs might be different. Customs ripped my own teddy bear apart when I was 8 looking for drugs. I'm betting most cops would go through your car, look under seats, in compartments, etc. rather than rip your car apart looking for weed. Another kid in the class said K9s shouldn't be allowed near their car.. whereas I see no reason for a K9 to not be allowed near your car if there is a suspicion that you have drugs in the car (like an odorl)

[97TurboDSM]

k9's are just as much cops as the person is. sounds like you have a class full of criminals.

[TurboTagTeam]

Originally Posted by CleanNeon98

But the officer wouldn't know if there is anything without looking. If I have something in my car that smells like pot and gives the officer suspicion and they want to search my car, go ahead, there aren't many places where I can hide ****. Then if they start tearing **** apart and harassing me, it's a different story.

I was under the impression that in order to search a car they have to physically see something illegal. Or else why couldn't they just say every car smelled like weed?

I'd love to see a cop try to search my car. You have to be a contortionist to get into the back of my car with the roll cage