Legality questions of smoking crack

[Rampage St]

I got some questions. I like to consider myself to be fairly well-versed in the law however, I have some questions.

If a person were to witness or take a photo or video of someone smoking crack would that be enough evidence to get a search warrant?

If a police officer says your car smells like crack is that enough probable cause for a search?

If a car is on private property do I have the right to deny a search of my vehicle?

Do I have the right to deny a search of my room in a sober house if police were to arrive? Could the owners of the house grant the police permission to search my room?

And lastly if a police officer witnessed me smoking a crack pipe from a distance is that probable cause for a search? How couid he or she know what I am smoking?

When it comes to a search of one’s person, does the police reserve the right to ask one to remove his socks, and if I am wearing spandex, the right to remove my shorts?

Thanks, I feel like I am well-versed in law, but there’s always some gray areas. I always wanted to be a criminal defense attorney I just never worked out.

 

[Jabberwocky]

If a person were to witness or take a photo or video of someone smoking crack would that be enough evidence to get a search warrant?

No. Photo/video of drug use is no proof of anything. You can even walk up to a cop and say "I just smoked crack 5 min ago" and there's nothing they can do.

Evidence of a drug crime needs to be in the moment, on your possession. You can't be arrested for using drugs in the past.

If a police officer says your car smells like crack is that enough probable cause for a search?

Yes. You can decline, but they'll just bring a dog, and the dog will give probable cause.

If a car is on private property do I have the right to deny a search of my vehicle?

Yes, but only if you own said property.

Do I have the right to deny a search of my room in a sober house if police were to arrive? Could the owners of the house grant the police permission to search my room?

The administrators of the sober living house can do whatever they fuck they want involving your room. They don't need your permission to enter or search iirc.

The sober living house will ALWAYS side with what the cops ask.

And lastly if a police officer witnessed me smoking a crack pipe from a distance is that probable cause for a search? How couid he or she know what I am smoking?

Witnessing you smoking something is not enough, but if he comes over and smells it on you it is. Again, you can decline search, but then they just bring dogs.

When it comes to a search of one’s person, does the police reserve the right to ask one to remove his socks, and if I am wearing spandex, the right to remove my shorts?

If they gained probable cause to search you, yes they can remove your socks. They can't remove your underwear on site, but they can feel around in there (to some degree) like TSA does if you ever got felt up at an airport. If they arrest you they will eventually strip search you, down come the spandex and squat n cough.


Obligatory I'm not a lawyer, I could be wrong, it's different in every state... but that is my basic understanding of drug related laws in states I've lived in.

 

[Rampage St]

No. Photo/video of drug use is no proof of anything. You can even walk up to a cop and say "I just smoked crack 5 min ago" and there's nothing they can do.

Evidence of a drug crime needs to be in the moment, on your possession. You can't be arrested for using drugs in the past.


Yes. You can decline, but they'll just bring a dog, and the dog will give probable cause.


Yes, but only if you own said property.


The administrators of the sober living house can do whatever they fuck they want involving your room. They don't need your permission to enter or search iirc.

The sober living house will ALWAYS side with what the cops ask.


Witnessing you smoking something is not enough, but if he comes over and smells it on you it is. Again, you can decline search, but then they just bring dogs.


If they gained probable cause to search you, yes they can remove your socks. They can't remove your underwear on site, but they can feel around in there (to some degree) like TSA does if you ever got felt up at an airport. If they arrest you they will eventually strip search you, down come the spandex and squat n cough.


Obligatory I'm not a lawyer, I could be wrong, it's different in every state... but that is my basic understanding of drug related laws in states I've lived in.

Thanks for the detailed response

 

[BK38]

No. Photo/video of drug use is no proof of anything. You can even walk up to a cop and say "I just smoked crack 5 min ago" and there's nothing they can do.

Evidence of a drug crime needs to be in the moment, on your possession. You can't be arrested for using drugs in the past.


Yes. You can decline, but they'll just bring a dog, and the dog will give probable cause.


Yes, but only if you own said property.


The administrators of the sober living house can do whatever they fuck they want involving your room. They don't need your permission to enter or search iirc.

The sober living house will ALWAYS side with what the cops ask.


Witnessing you smoking something is not enough, but if he comes over and smells it on you it is. Again, you can decline search, but then they just bring dogs.


If they gained probable cause to search you, yes they can remove your socks. They can't remove your underwear on site, but they can feel around in there (to some degree) like TSA does if you ever got felt up at an airport. If they arrest you they will eventually strip search you, down come the spandex and squat n cough.


Obligatory I'm not a lawyer, I could be wrong, it's different in every state... but that is my basic understanding of drug related laws in states I've lived in.

I am not a lawyer but this all sounds right to moi.

 

[burn out]

No. Photo/video of drug use is no proof of anything. You can even walk up to a cop and say "I just smoked crack 5 min ago" and there's nothing they can do.

Evidence of a drug crime needs to be in the moment, on your possession. You can't be arrested for using drugs in the past.


Yes. You can decline, but they'll just bring a dog, and the dog will give probable cause.


Yes, but only if you own said property.


The administrators of the sober living house can do whatever they fuck they want involving your room. They don't need your permission to enter or search iirc.

The sober living house will ALWAYS side with what the cops ask.


Witnessing you smoking something is not enough, but if he comes over and smells it on you it is. Again, you can decline search, but then they just bring dogs.


If they gained probable cause to search you, yes they can remove your socks. They can't remove your underwear on site, but they can feel around in there (to some degree) like TSA does if you ever got felt up at an airport. If they arrest you they will eventually strip search you, down come the spandex and squat n cough.


Obligatory I'm not a lawyer, I could be wrong, it's different in every state... but that is my basic understanding of drug related laws in states I've lived in.

What states? In every state I'm aware of they don't need to call a dog. Smelling weed or alcohol for example (and I am assuming this applies to crack also, although I've never heard an officer say "I smell crack smoke") is already considered probable cause for a search. They would never bother to get a dog is this type of scenario, which would create a big hassle if they had to wait for a dog to arrive before they could search every time they smelled marijuana. Are there states where this is not the case?

 

[Jabberwocky]

What states? In every state I'm aware of they don't need to call a dog. Smelling weed or alcohol for example (and I am assuming this applies to crack also, although I've never heard an officer say "I smell crack smoke") is already considered probable cause for a search. They would never bother to get a dog is this type of scenario, which would create a big hassle if they had to wait for a dog to arrive before they could search every time they smelled marijuana. Are there states where this is not the case?

I have lived in CA, AZ, TX, UT, and NC

I've never heard of any place where they can search a car without consent based simply on smell alone. I honestly thought that was a federal rights protection... suspected DUI is a little different I believe.

 

[AlsoTapered]

I have lived in CA, AZ, TX, UT, and NC

I've never heard of any place where they can search a car without consent based simply on smell alone. I honestly thought that was a federal rights protection... suspected DUI is a little different I believe.

I believe Cassey Hardison was able to have a case thrown out after he was stopped in his car. I PRESUME they ran his name through a computer and 30 minutes later a sniffer-dog arrived on-scene & found a block of hashish in the vehicle. But I think he was able to show that they had no probable cause and it was thrown out.

I used to think Casey was an OK guy but I keep hearing some persistent and unpleasant rumours.

After getting 20 for LSD, MDMA and 2CB production in the UK, you would think he would have realized that although he's managed to get off some lesser charges, that record is going to ensure he's 'on the radar' for a long, long time.

 

[burn out]

I have lived in CA, AZ, TX, UT, and NC

I've never heard of any place where they can search a car without consent based simply on smell alone. I honestly thought that was a federal rights protection... suspected DUI is a little different I believe.

Absolutely not. Up until weed was legalized here in Michigan, smelling weed was considered probable cause for search without consent. Are you sure thats not the case in all those states?

 

[Jabberwocky]

Absolutely not. Up until weed was legalized here in Michigan, smelling weed was considered probable cause for search without consent.

That's fucked up...... don't sound right. Wasn't cannabis decriminalized there? It's written into our constitution "persons and property are protected from unwarranted search and seizure".

Are you sure thats not the case in all those states?

Absolutely. As long as the driver appears sober and isn't suspected of DUI, but even then if the driver isn't the owner of the vehicle I think they still can't search areas like the trunk or glovebox automatically. They can always visually search open areas of a car.

Thing is, a lot of people don't realize they can decline a search when a cop asks, as a natural reflex they allow it, because they don't want to seem suspicious.

 

[CaptnRon]

My best advice to people dealing with LEO-

Be respectful when you do have to speak. I know this can be difficult, but it’s always the best case for you.

Make them work for what they want.

If you feel your rights are being violated, try to get the interaction on video.

Don’t dry snitch on yourself, meaning, shut the fuck up. Basically invoking your 4th amendment civil rights.

Know your legal rights.

And again, I’ll reiterate, keep your fucking trap shut.

Always, fair winds and following seas

 

[Nurse Ratched]

Cops do what they want. We all know that. If they profile you ( by race, by hair length, by what you are driving, or by just not liking " your type " ) they will lie and say they smell weed. Which gives them their illegal probable cause. Then they will ask you for a search. You decline and they bring in K-9 because they have their illegal probable cause.

They don't care about waiting around for the doggo to get there. Doggo gets there and doesn't alert. So unless you have another charge ( like speeding ) they let you go. If the dog alerts......they search your car. Hopefully there is nothing in there. But a crack pipe or a meth pipe or any other paraphenalia and they will charge you with it ( even if the pipes are empty and no drugs are in the vehicle ) . All states are different of course on what is legal and what isn't but even when weed is legal for both medicinal and recreational ( like it is here in MI ) it is still illegal to smoke it in your car sitting at the park or driving down the road. So the " I smell weed " is a great way to lie to you when they don't smell anything at all. They just don't like the way you look and want to get you on something.

Obviously the best solution is to always know what is in your vehicle at all times. And make sure your passengers don't get you in trouble. If Joe Blow in the back seat stashes his shit under the seat when you are getting pulled over.....if he doesn't claim it.......everyone gets charged. And for God's sake.......stay off the road between 11pm and 5am if you are trying to get from point A to B and you are carrying or have been drinking. These are the prime times for people getting pulled over. My Son worked at Arby's for awhile and was a closer. By the time they closed, cleaned up and got out of there it was sometimes 2am. He was stone cold sober. But the cops pulled him over constantly on his way home because he drove a piece of shit truck. He was let go every time but that's not the point. The cops WILL pull you over for no reason and then make one up before they approach your car.

Some cops are out there for the right reasons. Most are out there to make arrests and write tickets. And if you look at our jail and prison systems the ones that are out to get you are winning.

 

[Nurse Ratched]

To answer the original question specifically about crack I would imagine that if you live in a sober living house then any incriminating evidence that you are breaking the rules whether by videotape or eye witness and they are gonna kick you out. You might not be legally charged with a crime but you just lost your housing.

Just not worth it. Smoke the crack somewhere else. Go under your bed if you have to and blow the smoke down your underwear.

 

[Mr. Krinkle]

you're still smoking crack at that sober house huh

that's a really good idea