[Xfactor]

Originally Posted by 30564U ↗

Wow...not sure what police school you attended, but your wishful thinking won't make it true. What they did was completely within the law and common industry policy. I'm not saying it was smart or not rebutable in court had they found anything, but it was a legal action...period. It's done all the time with dogs. You can hold your breath, stomp your feet, and poop your diapers, but it was legal as the law stands today. Should it be...probably not, unless exigent circumstances exist or we're talking about terrorism. Clearly this was neither...but the search was good and would have more likely than not flown in court. Either way, I don't really care, it doesn't have anything to do with me...if you do the same thing and get caught you were advised, so go to it.

No sir, That the amendments.

but it was legal as the law stands today

Sure pal

[30564U]

Originally Posted by Xfactor ↗

No sir, That the amendments.



Sure pal

Ok watch what happens...nothing. If you were correct in your theory then every anti-police lawyer would come running to defend this asshat. Where are they? Where's the outrage? Where's the trial where the officers get convicted? It's not going to happen, because it was a legal search. The pretext was the dog's alert. You can stand on constitutional theory all you'd like, it's no skin off my back, but don't be suprised when you get mouthy to the local coppers about your rights and they throw you in jail. Stomp you feet all you want, but the reality is the search was good. It was stupid, but still a good lawful search. Believe what you will, I think my 30 years of experience outweigh your hopes and theories.

[Megamel29]

Originally Posted by 30564U ↗

Ok watch what happens...nothing. If you were correct in your theory then every anti-police lawyer would come running to defend this asshat. Where are they? Where's the outrage? Where's the trial where the officers get convicted? It's not going to happen, because it was a legal search. The pretext was the dog's alert. You can stand on constitutional theory all you'd like, it's no skin off my back, but don't be suprised when you get mouthy to the local coppers about your rights and they throw you in jail. Stomp you feet all you want, but the reality is the search was good. It was stupid, but still a good lawful search. Believe what you will, I think my 30 years of experience outweigh your hopes and theories.

You're right, and that's the problem.

[rapeWhistle]

Originally Posted by K9Grip ↗

Listen, I love big trucks and SUV's, but what's the point in this one? For that price you wouldn't want to haul or do anything with it and fuck it up.

The people around here that have them usually have a lotta horses and those big, fuck-off trailers for hauling them that have massive sleepers in the front half.

Pretty much a status symbol; being able to show up to a barrel-racing or roping event with one of those to haul your trailer with, instead of a regular-old $70,000.00 dually.

[Kelseecat65]

Do the police pay for damages done to the vehicle? Just curious.

[Megamel29]

Originally Posted by Kelseecat65 ↗

Do the police pay for damages done to the vehicle? Just curious.

I doubt it.

[Kanda444]

Originally Posted by Sharon. ↗

Police got a waft of what they presumed was marajuana so haphazardly did their job. Pity the truck was damaged in the process

Having a warrant for every search is daft and could inhibit the police in serious cases.

with this case, however, it's a bit different considering that it was for a victimless crime, which is something warrantless searches are not meant to be used for. the point of a warrantless search is to allow police access to a potentially dangerous situation without having to risk lives by not acting swiftly due to bureaucracy.... not to bust through people's things because an officer claims they smelled weed (which could have been on a person walking by or could have been left over from people smoking previously...there was no evidence that a crime was currently taking place). it's about the same (imho) as a cop busting into a house because he hears a woman screaming. there could be a crime... or there could be a purely innocent reason for why there was screaming. screaming doesnt equal a crime... just like smelling weed doesnt equal a crime.

the 4th amendment is suppose to protect against these kinds of things.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

[Kanda444]

Originally Posted by 30564U ↗

Wow...not sure what police school you attended, but your wishful thinking won't make it true. What they did was completely within the law and common industry policy. I'm not saying it was smart or not rebutable in court had they found anything, but it was a legal action...period. It's done all the time with dogs. You can hold your breath, stomp your feet, and poop your diapers, but it was legal as the law stands today. Should it be...probably not, unless exigent circumstances exist or we're talking about terrorism. Clearly this was neither...but the search was good and would have more likely than not flown in court. Either way, I don't really care, it doesn't have anything to do with me...if you do the same thing and get caught you were advised, so go to it.

the only reason he was within the law was because Florida (until recently...) didnt have legalized medical marijuana. in states with medical marijuana laws, what this cop did would be illegal since an odor in no way tells if a person is a medical user (protected by law and not to be prosecuted by the feds, per Eric Holder) or is illegally using the substance. now that florida has a medical marijuana law, cops will be limited in this type of action.

[30564U]

Originally Posted by Kelseecat65 ↗

Do the police pay for damages done to the vehicle? Just curious.

Yes...but it's complicated. There's what's generally called a Board of Control Claim. Since most municipal agencies are self insured, you must fill out a rather complex form and submit the damages to whatever division, chief of police, sheriff, etc. Then after taking so long that you've probably already sold the vehicle in question, they'll pay you for any damages. They do pay, but it takes forever.

[30564U]

Originally Posted by Kanda444 ↗

the only reason he was within the law was because Florida (until recently...) didnt have legalized medical marijuana. in states with medical marijuana laws, what this cop did would be illegal since an odor in no way tells if a person is a medical user (protected by law and not to be prosecuted by the feds, per Eric Holder) or is illegally using the substance. now that florida has a medical marijuana law, cops will be limited in this type of action.

Good point, but it isn't really correct...it's smart, but not necessarily right. The smell of marijuana by either the officers or the K-9 is enough to establish the pretext for a search. Now the legality of the local or state wide marijuana laws might apply here, but only after the search. The officers would be obligated to search to determine the legal quantity of the marijuana and whether it was a legal amount or a larger "trafficking" amount...the smell would only work for the mere presence of marijuana. In this case, had the officers found marijuana, they would seize/impound the truck, wait for the owner to show up later looking for his truck, determine if he had a marijuana license/permit, then determine if the amount of marijuana found during the search was a legal amount, then the officers would deceide to release the truck (no crime), cite (infraction level), or arrest (misdemeanor or felony level). This is way too much work/risk for the potential reward. Like I said before, they would have been better off using the dog to roam around the concert's entrance and conduct business there with everyone present. The fact that they had to break into the truck (unless the door was open) to conduct the search isn't so much legally problematic as it is a pain in the ass.