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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 01-15-2008, 12:52 PM
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Join Date: Mar 2006
Posts: 6,673

I smell...a minor crime


What is the name of your state? CA

Wow. At:
[url]http://www.courtinfo.ca.gov/opinions/documents/A116578.PDF[/url]

The court found the legislature has determined that possession of small quantities of marijuana is a "low social and health hazard" so the mere smell of marijuana found by police during response to a noise complaint is not exigent circumstances. (Summary from [url]http://www.fourthamendment.com/blog/[/url])

Since the police can enter to arrest (other than on the threshold the person who opened the door) with consent, a warrant or *probable cause AND exigent circumstances*, potheads throughout the state (at least in the first district) toke safely tonight.
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  #2  
Old 01-15-2008, 01:00 PM
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That's very interesting. Thanks for posting it, tranquility.

The Good People of Denver, CO have TWICE voted on referendum in the last couple of years: first, to decriminalize less than 1 oz. of pot; and secondly, to direct the Denver Police to place "small pot crimes" as the very lowest priority for enforcement/punishment.

In both instances, the City of Denver has refused to listen to the voters.

I'm much more disgusted by Denver's city govt. than I am by the pot smokers.

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