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  1. #11
    Join Date
    Apr 2009
    Posts
    757

    Default Re: Drug Possession Charge for a Pipe With Resin After a Traffic Stop

    And there is always the possibility that he would intentionally act badly thinking he could just blame it on the Tourette’s and avoid the fall out from his actions.
    Ah, yes, the "Cartman Subterfuge."

  2. #12
    Join Date
    Jul 2014
    Posts
    441

    Default Re: Drug Possession Charge for a Pipe With Resin After a Traffic Stop

    OP, how do you or your husband know when a dog "alerts" or not? I guarantee you the dong may well have alerted and you might not have even realized it.

  3. #13
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Drug Possession Charge for a Pipe With Resin After a Traffic Stop

    Quote Quoting no_highway_option
    View Post
    UPDATE: my argument is this. I would like to go to court and quote Supreme Court case Rodriguez v U.S. No. 13-9972: “a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures.”
    Your husband is free to try to make the argument that his detention was excessive under the facts. You told us that the K-9 unit was present within about ten minutes after the initial stop, and that your husband was found to have drugs based on a plain smell search that immediately followed, so I'm not sure how you get to "over an hour". FYI, post-arrest detention doesn't count.
    Quote Quoting no_highway_option
    Did you not read that he has a MEDICALLY DOCUMENTED disability?
    The police don't have to take somebody at his word that his terrible behavior in public was caused by a professed disability. The police aren't in a position to diagnose him or to verify his claimed medical condition, nor is it their job to do so. Given that you have described two encounters with the police, both involving his behaving very badly, it seems much more likely that the problem is that he's extremely immature, not that he has Tourette's. If he wants to try to defend against the other charge by claiming that he was unable to control his behavior, as TaxingMatters incidates he can discuss that defense with his lawyer and bring in his doctors' testimony to support his claims -- but it does nothing to call into question the validity of the arrest.
    Quote Quoting no_highway_option
    I'm sorry that that "dirty pipe" is legal in half of this country and my small-town minded state hasn't gotten there yet! I'm sorry that a plant that is dried out offends you.
    If your husband wants to live in a state in which it is legal for him to possess marijuana, he should move to such a state and take appropriate steps (e.g., a medical prescription) to ensure that he is in compliance with the law.
    Quote Quoting no_highway_option
    Can you tell me how a cop smelled resin (which smells COMPLETELY different than pot) wrapped up in clothing in a bag in a trunk while standing at the driver's door and then FINDING NOTHING?
    You have told us that the police found your husband's dirty pipe.

    As jk and TaxingMatters have pointed out, plain smell is not predicated exclusively on the idea that the officer must smell the specific item of contraband that is found.

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