NFL Player Posts Instagram Photo Showing Police Officer’s Throat Getting Slit

[mdchiefsfan]

Originally Posted by BleedingRed

To be fair, that search was illegal. Glad he found the gun but, any cop could say he "smells" something. Does not give him the right to search your car.

Did you not read all of the consent given to the officer?

There is also an exception to the 4th amendment called plain touch/smell. If you smell like booze that is probable cause, just like it is with marijuana.

The real kicker of smelling marijuana is that it gives them consent to search in any reasonable location marijuana could be stashed; therefore, everywhere.

[BleedingRed]

Originally Posted by mdchiefsfan

Did you not read all of the consent given to the officer?

There is also an exception to the 4th amendment called plain touch/smell. If you smell like booze that is probable cause, just like it is with marijuana.

The real kicker of smelling marijuana is that it gives them consent to search in any reasonable location marijuana could be stashed; therefore, everywhere.

The consent was reeruned on his part.... Smell alone doesn't give and officer justifiable probable cause in my opinion.

[mdchiefsfan]

Originally Posted by BleedingRed

The consent was reeruned on his part.... Smell alone doesn't give and officer justifiable probable cause in my opinion.

Absolutely. I will never understand why a person with contraband will consent to a search, unless he truly didn't know about the gun under the seat.

Trust me, the smell thing is suspect. They can claim they smell anything and how can that be dismissed? It opens up an avenue for potential shortcuts around the 4th.

It boils down to state-by-state case law. It can be a fine line between reasonable articulable suspicion and probable cause. If there is case law in ATL that authorizes plain smell into the plain view doctrine then he had all of the probable cause he requires. My assumption is that it may be weak grounds, so he strengthened his case by gaining permission to search.

I know, in MD, plain smell falls under the plain view doctrine.

I'm still waiting for an officer to be brazen enough to claim to smell cocaine.

[ThaVirus]

Originally Posted by mdchiefsfan

They can claim they smell anything and how can that be dismissed? It opens up an avenue for potential shortcuts around the 4th.

I hate that shit. Too much power.