[jedhead]

When I was in the Navy I spent 6 months as a Master at Arms (ship's policeman) on the aircraft carrier I was assigned to. My partner and I had to pick up a sailor who was busted for possession of pot at another Navy base. According to the report, he was smoking a joint in his car in the EM club parking lot. The base police saw him smoking and started to pound on the window to get him out of the car. He proceed to eat the joint he was smoking and 4 others he had in pocket. Once the pot was consumed he opened the door of the car. The base police searched the car and sailor and found no more pot. He was busted for possession because the NCIS scraped all the interior windows of his car and the scraping tested positive for pot and the car was registered to him. When my partner and I got to the base to pick him up to return to the ship. He told us about what happened and started to cut jokes. He pleaded with us to stop by McDonalds on the way back because he had a bad case of the munchies. Since we were a little hungry we went through the drive thru for him. Potheads were always easy to deal with and were mellow. The drunks were the ones who always wanted to kick my ass, spit on me and cursed my heritage.

Bob

[Vettezuki]

Originally Posted by enkeivette

Then you should move to a different country, one without judges. Unless there was a case with almost exactly the same set of facts as yours, from a higher court, the judge is free to use HER discretion. (See, I'm not sexist)

That's an assessment of facts brought forth in a case where the accused is presumed innocent (once upon a time sorta) and has the opportunity to defend his/herself against the accusation of an actual crime that may have been perpetrated by one party against another party's person/property. NOT, hey he's got a bat, he might be up to no good, let's call it a crime this time for "the good of society." That's horse shit on a grand scale.

There was a guy recently who was asleep, in HIS car, on private property in a parking garage, keys not in the ignition, engine cold . . . engine DIDN'T work. He was drunk and did have a prior DWI. They nailed him for DWI (remember asleep in a car that didn't work on private property in) and put him in jail. That's the kind of thing I'm completely against.

[kdracer73]

Originally Posted by Vettezuki

Good advice.

What's the deal in California, say if I just happen to have a baseball bat laying in my back seat, no glove or anything else. I've heard what sound like urban myths regarding police authority to arrest on the basis you might be up to no good, or possession of a letha weapong, etc. This sounds a little like bs, even to me . . . or should I put my tin foil hat back on immediately before the government mind beams gain total control?

Buy a glove, ball and cleats

[Vettezuki]

Originally Posted by jedhead

. . .The drunks were the ones who always wanted to kick my ass, spit on me and cursed my heritage.

Bob

That's a pretty common experience. I think if you asked anybody, "we're going to lock you in a room with a complete stranger who is either a) drunk b) stoned, which do you prefer." I'm pretty sure the stoned would be near 100%. Drunk people are f*cking dangerous. I know, I'm an expert on the subject.

Separate from this discussion, pot, and quite possibly all drugs, should be legalized and the DEA abolished. Then start considering and working on addiction for the societal/medical problem it is rather than if it were a crime. Interestingly there is an increasing number of former law enforcement officers joining this cause.

[Vettezuki]

Originally Posted by kdracer73

Buy a glove, ball and cleats

I do have all that gear. Just sometimes I went to the cages at night after work and didn't necessarily have the other equipment with me. Personally I think it's just fine if you have a bat for violent purposes. Self defense is a moral right. If you attack someone else you are criminal . . . when you attack someone else. I'm just against the state guessing people's motives and trying to shape society, that's all. The result in many cases, especially in nasty areas, is that the decent people are sort of disarmed and the thugs are armed to the teeth (WTF do they care about the law.)

[enkeivette]

Originally Posted by Vettezuki

That's an assessment of facts brought forth in a case where the accused is presumed innocent (once upon a time sorta) and has the opportunity to defend his/herself against the accusation of an actual crime that may have been perpetrated by one party against another party's person/property. NOT, hey he's got a bat, he might be up to no good, let's call it a crime this time for "the good of society." That's horse shit on a grand scale.

There was a guy recently who was asleep, in HIS car, on private property in a parking garage, keys not in the ignition, engine cold . . . engine DIDN'T work. He was drunk and did have a prior DWI. They nailed him for DWI (remember asleep in a car that didn't work on private property in) and put him in jail. That's the kind of thing I'm completely against.

Oh yeah. I was drunk once and I had to sleep it off in my car. I sat down in my passenger seat and threw the keys near the back window.

[Vettezuki]

Originally Posted by enkeivette

Oh yeah. I was drunk once and I had to sleep it off in my car. I sat down in my passenger seat and threw the keys near the back window.

Once?

Check out the law home slice. This was repeated in my traffic school I took a little while back. You can get nabbed for DUI . . . for sleeping it off in your car. Passenger seat, keys thrown in back, etc., doesn't matter. No joke. Kinda of stupid isn't it. I remember once a couple years back I had a corporate function to go to and literally had just one beer too many that put me in a little too buzzed territory. So I sat in the Vette for an hour until I felt completely fine. This responsible act can literally put you at substantial legal risk.

[joedls]

Originally Posted by enkeivette

He will need to show probable cause to search without your permission, if he cannot it was a violation of the 4th amendment and the judge will throw the case out. It's really at the judges discretion.

Probably cause is vague, more than bare suspicion, less than condemning evidence. If the cop finds a bag of unscented cocaine in your glove box, it's going to be hard for him to justify his reason for searching. He couldn't have seen it, he couldn't have sensed it otherwise. If you're a moron who smokes in your car and the smell is everywhere, I would say that he does have probable cause to believe that you might be in possession.

If he can't smell anything, he can't see anything, and he can't hear the hooker tied up in your trunk, then he doesn't have probable cause. But if he sees you drive away suspiciously from a known drug dealers house, he probably does have it. Just ask yourself, does he really have a reason to search you? If not, it's likely the judge will agree with you.

Except for cops can lie about a lot of things. Not that they all do, but I have had my place searched without probable cause. When I read the arrest report, the cops made up a story that gave them probable cause (even though it wasn't true). So at that point it was the word of 2 "good cops" against the word of a "douchebag".

[joedls]

Originally Posted by Vettezuki

Separate from this discussion, pot, and quite possibly all drugs, should be legalized and the DEA abolished. Then start considering and working on addiction for the societal/medical problem it is rather than if it were a crime. Interestingly there is an increasing number of former law enforcement officers joining this cause.

[enkeivette]

Originally Posted by Vettezuki

Once?

Check out the law home slice. This was repeated in my traffic school I took a little while back. You can get nabbed for DUI . . . for sleeping it off in your car. Passenger seat, keys thrown in back, etc., doesn't matter. No joke. Kinda of stupid isn't it. I remember once a couple years back I had a corporate function to go to and literally had just one beer too many that put me in a little too buzzed territory. So I sat in the Vette for an hour until I felt completely fine. This responsible act can literally put you at substantial legal risk.

It's probably up for interpretation, but I'll check it out. Yeah I don't drink very much. I've been drunk maybe twice, tipsy less than ten times.