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  1. #9
    Join Date
    Aug 2015
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    Default Re: Is a Driver Automatically Criminally Responsible for Drugs or Paraphernalia in a

    Quote Quoting Mr. Knowitall
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    If there is ambiguity about whether it's drug paraphernalia or, for example, tobacco paraphernalia, testing might be performed -- and trace amounts of illegal drugs could result in additional charges of possession of the drugs.
    Thanks, my thinking is that since there was tobacco paraphernalia in the car that the state would need to have test results for the evidence.

    Quote Quoting cdwjava
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    WilloWisp, if the odor of marijuana is grounds for a search in your state, then you're done. Understand that the odor of marijuana is pungent, and unique. To those of us who do not use it or are not around it all the time, it is very easy to detect on people, clothing, in cars, and in homes.
    Thank you - I don't smoke marijuana, but am quite familiar with the smell. I can assure you that I would never drive a car that smelled like it. The point is that the officer went fishing and might not have found anything at all - I haven't seen the prosecution's evidence yet. I can say that I will make the prosecutor do their work, as I know from experience (I might be the social worker that you're thinking of) that this department is notoriously sloppy.

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