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It is still a federal crime to use marijuana, even in states where it is legal under state law. Also, if you are in a car, they just have to suspect you were dr
by wakawaka28 2y ago
It is still a federal crime to use marijuana, even in states where it is legal under state law. Also, if you are in a car, they just have to suspect you were driving while under the influence of marijuana and it becomes probable cause again. But it is unlikely that residue alone constitutes sufficient evidence of a crime, because they would never bother to investigate someone smoking a joint so severely anyway.
I believe you are also wrong about the limited scope of a search. If additional crimes are uncovered during a legitimate search, they absolutely can charge you with it and use the evidence they found. Think about what you're saying. If they find pools of blood in your trunk while looking for drugs, they will definitely admit that as evidence against you and cause to search all your property.
- lazyasciiart 2y agoUnless they are federal police, they have no authority to enforce federal law.
- wakawaka28 2y agoI agree with you in general but police can do a lot of things on suspicion of a crime. They may have to let you go eventually, but don't overestimate your position. You could be tied up for months straightening out issues with false accusations.
- lazyasciiart 2y agoYes, major caveat that they don’t need authority to do anything in practice.
- JAlexoid 2y agoPolice officers in US can enforce a federal law, local police officers are just not obligated to.
- giantg2 2y agoDo you have evidence of this? They can hold you for federal authorities, but they have no jurisdiction to write a federal citation or summons.
- JAlexoid 2y agoImmigration enforcement is the most prominent today probably. Local police can arrest anyone for illegally crossing US border and can arrest someone for being undocumented(where not banned by state law), they are just not obligated to by federal law or US constitution.
- lazyasciiart 2y agoApparently (and not too surprisingly) it’s much more complicated than that. In Washington, police are explicitly forbidden from enforcing immigration laws (“Keep Washington Working” act) and nationally, police could perhaps arrest you for weed but the feds are apparently not allowed to spend any money prosecuting you if you didn’t break state law, according to the Rohrerbacher-Farr amendment https://scholarship.law.uc.edu/cgi/viewcontent.cgi?article=1479&context=uclr https://scholarship.law.uc.edu/cgi/viewcontent.cgi?article=1...
- giantg2 2y agoOnly the feds enforce federal crimes, so it's not relevant to most traffic stops. The residue is enough for the dog to alert. "If additional crimes are uncovered during a legitimate search, they absolutely can charge you with it and use the evidence they found." Any examples of that? Usually with warrants they have to specify what they are looking for. Probable cause searches are supposed to do the same.
- wakawaka28 2y agoI said an example. If you're found with a dead body in your trunk for example, that will not be thrown out on a technicality, especially if it was found during an otherwise legal search. I don't have the case law memorized but I've heard lawyers discuss it before. If you do some research you will find exceptions to 4th amendment protections, such as the ones in this article: https://www.findlaw.com/criminal/criminal-rights/the-fourth-amendment-and-the-exclusionary-rule.html https://www.findlaw.com/criminal/criminal-rights/the-fourth-... Who are these dorks downvoting me so much? Lol
- psd1 2y ago> Who are these dorks downvoting me so much? Lol Instant downvote.
- wakawaka28 2y agoThis is exactly why I don't comment on Reddit, because a bunch of jerks who have nothing to say just downvote me.
- psd1 2y agoIf everywhere you go smells like shit, maybe you've got shit on your shoe.
- wakawaka28 2y agoOr maybe there actually are jerks everywhere, especially on sites with similar roots and mechanics.