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Improper Detention and Search After a Traffic Stop

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  • 10-14-2016, 09:28 AM
    free9man
    Re: Improper Detention and Search After a Traffic Stop
    You are free to make a personnel complaint and/or consult a few lawyers.
  • 10-14-2016, 10:25 AM
    KBoy420
    Re: Improper Detention and Search After a Traffic Stop
    OP - I believe it. Also just last year the State (PA) was a decision clarifying probable cause standard for smelling marijuana upon initiating a traffic stop (http://www.clemonslaw.com/recent-new...ed-dui-arrest/). The stop itself is going to be seen as valid. The window tint alone gave them reason enough to pull you over. You're also correct that possession of the amount would simply be a misdemeanor and you could have been simply given a summons to sign on the spot and leave. The fact that you were taken by police to jail and detained, etc. etc. is confusing to me. Either you aren't sharing some details or the police completely over-stepped their bounds. Practically there is not much you can do. If you have loads of money to throw away you could try to hire a civil law attorney to review ALL your specific details privately.
  • 10-14-2016, 11:08 AM
    Liquid_snake91
    Re: Improper Detention and Search After a Traffic Stop
    Quote:

    Quoting KBoy420
    View Post
    OP - I believe it. Also just last year the State (PA) was a decision clarifying probable cause standard for smelling marijuana upon initiating a traffic stop (http://www.clemonslaw.com/recent-new...ed-dui-arrest/). The stop itself is going to be seen as valid. The window tint alone gave them reason enough to pull you over. You're also correct that possession of the amount would simply be a misdemeanor and you could have been simply given a summons to sign on the spot and leave. The fact that you were taken by police to jail and detained, etc. etc. is confusing to me. Either you aren't sharing some details or the police completely over-stepped their bounds. Practically there is not much you can do. If you have loads of money to throw away you could try to hire a civil law attorney to review ALL your specific details privately.

    I literally didn't leave anything out. I had no weapons and I did not do anything that would cause all this. My friend had weed and was given a ticket. Apparently westmooreland county isn't all that progressive
  • 10-14-2016, 11:27 AM
    Mr. Knowitall
    Re: Improper Detention and Search After a Traffic Stop
    You have to be careful these days, if you're smoking marijuana then driving a car, or smoking marijuana when parked. The laws on marijuana use are anything but uniform across the nation except in this regard: You can't lawfully drive a vehicle if your ability to do so is impaired by the use of marijuana. You also can't assume that your legal right to possess a certain amount of marijuana in your home state is going to translate into your ability to carry that same marijuana once you cross a state line.

    States are floundering about how to approach driving while intoxicated by marijuana, and some prosecutors are pushing the theory that if your driving appears to be impaired and you have any evidence of marijuana use in your system, you can be prosecuted for driving while impaired by the use of drugs. That approach may be wackier than wacky tobacky itself, given that you can test positive for marijuana use days or weeks after you're sober, but it's presently a risk that marijuana (and other drug) users must take into consideration.

    As the linked article indicates, Pennsylvania recognizes the smell of marijuana in a vehicle as a basis for investigation of the vehicle and its operator for impaired driving. Had you been pulled over for erratic driving behavior instead of a window tint, or had the officer found that you showed signs of intoxication, sober or not, you might presently be facing an impaired driving charge.

    I might be able to find a better case discussing searches based on plain smell in Pennsylvania, but I decided to share this one because of the name: Commonwealth v. Stoner, 344 A.2d 633, 635 (Pa. Super. 1975) (holding that the smell of marijuana provides probable cause to search).
  • 10-14-2016, 12:09 PM
    Liquid_snake91
    Re: Improper Detention and Search After a Traffic Stop
    Quote:

    Quoting Mr. Knowitall
    View Post
    You have to be careful these days, if you're smoking marijuana then driving a car, or smoking marijuana when parked. The laws on marijuana use are anything but uniform across the nation except in this regard: You can't lawfully drive a vehicle if your ability to do so is impaired by the use of marijuana. You also can't assume that your legal right to possess a certain amount of marijuana in your home state is going to translate into your ability to carry that same marijuana once you cross a state line.

    States are floundering about how to approach driving while intoxicated by marijuana, and some prosecutors are pushing the theory that if your driving appears to be impaired and you have any evidence of marijuana use in your system, you can be prosecuted for driving while impaired by the use of drugs. That approach may be wackier than wacky tobacky itself, given that you can test positive for marijuana use days or weeks after you're sober, but it's presently a risk that marijuana (and other drug) users must take into consideration.

    As the linked article indicates, Pennsylvania recognizes the smell of marijuana in a vehicle as a basis for investigation of the vehicle and its operator for impaired driving. Had you been pulled over for erratic driving behavior instead of a window tint, or had the officer found that you showed signs of intoxication, sober or not, you might presently be facing an impaired driving charge.

    I might be able to find a better case discussing searches based on plain smell in Pennsylvania, but I decided to share this one because of the name: Commonwealth v. Stoner, 344 A.2d 633, 635 (Pa. Super. 1975) (holding that the smell of marijuana provides probable cause to search).

    Ya I'm getting in touch with a lawyer right now. Also gonna apply for a medical marijuana card in pa
  • 10-17-2016, 07:13 AM
    KBoy420
    Re: Improper Detention and Search After a Traffic Stop
    Quote:

    Quoting Liquid_snake91
    View Post
    Ya I'm getting in touch with a lawyer right now. Also gonna apply for a medical marijuana card in pa

    You're going to have to wait some time. Medical marijuana was just passed in April of this year and per the State's own website pertaining to this law, it will take 18-24 months to implement.

    "The Pennsylvania Department of Health will begin the process of implementing the state’s Medical Marijuana Program when Governor Tom Wolf signs Senate Bill 3 into law on April 17, 2016. The implementation of the program is expected to take between 18 and 24 months and, when completed, will offer medical marijuana to patients who are under a physician’s care for the treatment of a serious medical condition."
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