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Old 01-18-2011, 12:10 PM   #9
jettio jettio is offline
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Join Date: Sep 2002
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I think possession of firearm while drunk or high equaling unlawful use of weapon is a new Missouri law.

They may not charge him if he did not admit to smoking and did not take a test.

If he was a passenger and not driving, he would have less reason to take a voluntary test since the implied consent law would not apply to the passenger. but the article said the police are applying for warrants, so they may be requesting a court ordered drug test.

It would not be an "unlawful arrest" if the smell was in the air.
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