Row Over 'Smell of Cannabis' Police Stops

[CFC]

Row over 'smell of cannabis' police stops
BBC News
December 12th, 2017

A row has broken out over advice given to police in England and Wales telling them not to stop and search people only because they smell of cannabis.

It was first given to police last year and was reiterated by an Inspectorate of Constabulary report on Tuesday.

The advice says officers should look at other factors like behaviour as well.

But some officers, including the chief constable of Merseyside Police, said they disagreed. The College of Policing said it plans to review the guidance.

Police officers can use stop-and-search powers if they have "reasonable grounds" to suspect someone is carrying items such as drugs, weapons or stolen property.

Last year, they were given new guidance by the College of Policing that the smell of cannabis on its own would not normally justify stopping and searching someone or their vehicle.

But the Inspectorate of Constabulary said many officers were unaware of the guidance and it is now urging forces to encourage officers to not rely on a smell alone.

However, Chief Constable Andy Cooke, of Merseyside Police, said he would not be giving that advice to his teams.

He tweeted: "I disagree. The guidance in my view is wrong and the law does not preclude it.

Read the rest here

 

[S.J.B.]

I would be interested to know what the court precedents are for the legality of this kind of search. Usually police will go as far as the courts will allow them to (and further, if they think they can get away with it).

 

[Tubbs]

Lol here where I live, doesn't even have to be a smell. Cop asks if he can search your vehicle, when you say no they claim that's probable cause, obviously your hiding something.

 

[Jabberwocky]

I would be interested to know what the court precedents are for the legality of this kind of search. Usually police will go as far as the courts will allow them to (and further, if they think they can get away with it).

Lol here where I live, doesn't even have to be a smell. Cop asks if he can search your vehicle, when you say no they claim that's probable cause, obviously your hiding something.

It is sad to see the criminal element of cannabis policy that most places still implement. I have to remind myself to be grateful for living in CA, with how we are dealing with it all now in an entirely different way.

 

[Tubbs]

In the defense of the system, we do have a massive meth and heroin problem here. Still doesn't excuse the illegal searches

 

[Jabberwocky]

I think there is a massive meth and heroin problem there precisely because and as a result of of the system in place or how it has worked for the last hundred plus years of criminalization. Unconstitutional searches are one part of that dynamic, for sure.

 

[Tubbs]

It definitely doesn't help, not to mention county officials being dope fiends. An old friend of mine used to sell ounces of meth to the county sheriff, no joke. He cut him deals in return a couple of us got free passes

 

[Jabberwocky]

Totally, stuff like that is pretty common place with drug law enforcement (all levels of law enforcement really, but especially DLE). It's really depressing, thinking about some of the effects of our drug policy... but it also is quite inspiring in some instances, and fascinating on more general levels too.

Actually what is really depressing is thinking about how often people in recovery, even though they have been through it first hand, still either support current drug policy outright or are part of institutions that make it up. It is amazing how some people can live with themselves and their recovery by supporting most any aspect of our current federal drug policy. I call it the colonized mind...