Grey area

[dave33]

What is the name of your state (only U.S. law)? Rhode Island. I am not sure about the following... Is legal paraphernalia probable cause to search or can it equal reasonable suspicion? I will give a couple of examples.

Is a legally purchased pipe at a head shop good enough reason to legally search? What if you have a prior marijuana charge?
Let me go one step further...
In my state a hypodermic needle is legal. Is a needle in plain sight probable cause? Do you think an officer would try to verify a suspects medical situation? I mean do you think they would try to find out if the suspect is a diabetic? What if the suspect has a prior injectable drug charge?
I am just curious about the situation in general and really does not have to be state specific. Are you aware of any state that has a specific law to cover this situation?
This is not homework or a current situation. Thanks for any input.

 

[tranquility]

Is a legally purchased pipe at a head shop good enough reason to legally search?

If the pipe was completely new? No. There is not probable cause to search.

What if you have a prior marijuana charge?

Maybe. It would depend on what a reasonable person would believe. Unless there is a controlling case exactly on point, we can't know for sure. The 4th amendment has to do with the totality of the circumstances.

In my state a hypodermic needle is legal. Is a needle in plain sight probable cause?

Arguendo, the first sentence is true, no.

Remember, TOTALITY OF THE CIRCUMSTANCES. What would a reasonable person with like training and experiences believe?

 

[Mass_Shyster]

Take a look at http://masscases.com/cases/sjc/459/459mass459.html from Mass.

COMMONWEALTH vs. BENJAMIN CRUZ, 459 Mass. 459

Given our conclusion that G. L. c. 94C, §§ 32L-32N, has changed the status of possessing one ounce or less of marijuana from a crime to a civil violation, without at least some other additional fact to bolster a reasonable suspicion of actual criminal activity, the odor of burnt marijuana alone cannot reasonably provide suspicion of criminal activity to justify an exit order.

Again, totality of the circumstances is controlling.