Judge rules Air Freshener probable cause for Police Search for drugs

[CptStern]

holy **** talk about police state

A federal appellate court ruled last week that police can delay a routine traffic stop as long as necessary to conduct a search for drugs. In its decision, the US Court of Appeals for the Fourth Circuit upheld the validity of a thirty-minute traffic stop in Maryland because the arresting officer claimed the nervous driver had an air freshener hanging from his rear-view mirror and had previously been spotted driving in a run-down neighborhood.

http://www.thenewspaper.com/news/25/2513.asp

the kicker? the car wasnt his

White's search had found cocaine base and a digital scale in a locked glove compartment. Crack cocaine and a gun were also found hidden in the back of the car. Branch was sentenced to twenty-five years in jail for multiple offenses.

25 year sentence is more than a little over the top for simple possession

 

[Solaris]

Jesus that's some sentance...

 

[CyberPitz]

I guess that will teach him to have the drugs + the gun...

 

[CptStern]

I'm not quite sure you get it. this ruling allows a police officer to pull you over and search your car for drugs simply because you have air fresheners in your car.

in their minds

this

means you're most likely in possesion drugs and is enough to allow them to search your car ...anything that comes during the search, guns, open booze, a roach long forgotten sitting in an ashtray ..hell if they wanted to they could easily drop a doobie in your back seat and before you know it you're facing hard time


with this precedent they could stop anyone at any time simply out of suspicion

 

[Qonfused]

So what happened to the ruling where they said that cops can't search a car even if they smell marijuana?

 

[OmegaX]

Stern you're always hating on America. I can tell your not from here.

Regardless, he had illegal things in his possession. He probably got such a stiff penalty because he'd been convicted before and he had a large amount of cocaine with the intent to sell.

 

[Solaris]

Stern you're always hating on America. I can tell your not from here.

Regardless, he had illegal things in his possession. He probably got such a stiff penalty because he'd been convicted before and he had a large amount of cocaine with the intent to sell.

Yeah but that's not really the point is it.

What's worrying is the police can search your car without a warrant now.

 

[Ravioli]

Stern you're always hating on America. I can tell your not from here.

Regardless, he had illegal things in his possession. He probably got such a stiff penalty because he'd been convicted before and he had a large amount of cocaine with the intent to sell.

I would think the majority of americans on the internet hate their country more than ppl outside of the us, but i might be wrong.

 

[Saturos]

I would think the majority of americans on the internet hate their country more than ppl outside of the us, but i might be wrong.

I love my country.
I HATE the people currently in charge. F**king baby boomers are ruining us all.

If what Stern posted is true, then I HATE whatever douchebag has approved of this.
I'm sure whoever is reposnible probably failed law school fs and the only reason they have a legislative position is because they have rich daddies.

Well, I don't HATE them, but they are extremely extremely stupid to the point of irritating. I feel like I'm surrounded by idiots sometimes.
Pull ME over, just because I have AIR FRESHENER?!?!

/FACEPALM

 

[Solaris]

I like America lots and lots.

 

[blahblahblah]

I'm not quite sure you get it. this ruling allows a police officer to pull you over and search your car for drugs simply because you have air fresheners in your car.

in their minds


means you're most likely in possesion drugs and is enough to allow them to search your car ...anything that comes during the search, guns, open booze, a roach long forgotten sitting in an ashtray ..hell if they wanted to they could easily drop a doobie in your back seat and before you know it you're facing hard time


with this precedent they could stop anyone at any time simply out of suspicion

Talk about a gross oversimplification of things.

How many people do you know drive with their car smelling like laundry detergent or dryer sheets and are not trying to cover up the smell of drugs?

I am not about to read a court case in my spare time, but I will say that most court cases deal with clarification of existing law. Which means the law already exists, it is just being affirmed or modified. This means the cops already had the legal authority to search your car in this context prior to this court case.

 

[Solaris]

Talk about a gross oversimplification of things.

How many people do you know drive with their car smelling like laundry detergent or dryer sheets and are not trying to cover up the smell of drugs?

I am not about to read a court case in my spare time, but I will say that most court cases deal with clarification of existing law. Which means the law already exists, it is just being affirmed or modified. This means the cops already had the legal authority to search your car in this context prior to this court case.

Sigh,

the law says they need probable cause. The cops claimed having an air freshener was probable cause, thus making it lawful for cops to search anyone driving with an air freshener.

 

[Tyguy]

Some day "he looked suspicious" is going to be ruled a valid reason for a search

 

[Dog--]

I don't use an air freshener, so I don't care.

 

[Hazard.Squared]

/FAcepalm

 

[15357]

Um... don't the police have a right to search in emergencies?

 

[Glirk Dient]

This is horrible alarming news. You people see this as Stern hating america. In reality he is warning us of the slippery road america is heading down. A lot of laws and rulings recently have given the police/government unnecessary power that has the potential to be abused and some day it will be. We should stop them and say no before it's too late. The jews didn't say no when hitler was writing anti-jewish articles and then pinned a star on them. They were proud to be labeled jews. They didn't stop and say no until they were being forced onto trains and it was too late then. We need to keep our government in check and not give them more power than they need.

 

[kineaesth]

Godwin's Law.

 

[Saturos]

This is horrible alarming news. You people see this as Stern hating america. In reality he is warning us of the slippery road america is heading down. A lot of laws and rulings recently have given the police/government unnecessary power that has the potential to be abused and some day it will be. We should stop them and say no before it's too late. The jews didn't say no when hitler was writing anti-jewish articles and then pinned a star on them. They were proud to be labeled jews. They didn't stop and say no until they were being forced onto trains and it was too late then. We need to keep our government in check and not give them more power than they need.

Did you know that's why the founding fathers established the second amendment right to bear arms here in America?

Not for hunting, but in case the government ever got out of line.

/leaves thread b4 heated firearms debate

 

[kineaesth]

Guns suck.

 

[Kula Meenur]

Bullshit, they must have had probable cause :|

 

[Saturos]

Guns suck.

Humans suck. That's why we need them unfortunately.

I don't like them either really, but it's a necessary evil.

Better than throwing shoes if the other guy has a gun and is a ruthless and cold asshole.

 

[kineaesth]

Guns suck and now you suck for liking them.

 

[Krynn72]

Did you know that's why the founding fathers established the second amendment right to bear arms here in America?

Not for hunting, but in case the government ever got out of line.

/leaves thread b4 heated firearms debate

Yes, because civilians with pistols and hunting rifles are totally a match for a government that spends 435 billion dollars a year on its military.

 

[Saturos]

Yes, because civilians with pistols and hunting rifles are totally a match for a government that spends 435 billion dollars a year on its military.

Granted of course the amendment back in the day was established when all we had was muskets and horses. It's an outdated amendment fs.

So, LET'S LEGALIZE TANKS AND ROCKET LAUNCHERS WHOO HOO! :E

Seriously though, if disputes can be resolved without the need to use guns ever again, I'd totally be for it.

@ K.A.: But without guns, why do we enjoy playing war games that has violence and destruction using said weapons of war? What would soldiers in games like CoD4 use if they never existed?

 

[kineaesth]

GUNS SUCK AS MUCH DlCK AS YOU.

Which is possibly lots, I dunno.

I'll stop now.

 

[Krynn72]

How many people do you know drive with their car smelling like laundry detergent or dryer sheets and are not trying to cover up the smell of drugs?

You're an idiot. Ive known several people who use air fresheners in their car who are completely sober.


See Saturos, i dont single you out

 

[Saturos]

GUNS SUCK AS MUCH DlCK AS YOU.

Which is possibly lots, I dunno.

I'll stop now.

No seriously, do you play games like GTA IV and CoD? DO YOU LIKE THOSE GUNS?!?!?!

What if they never existed is what I'm saying. What kind of games would we be playing?

(This was answered before)

See Saturos, i dont single you out

Hey brah, I don't really care anymore. I enjoy a good flame bath every now and then anyways.

 

[Krynn72]

No seriously, do you play games like GTA IV and CoD? DO YOU LIKE THOSE GUNS?!?!?!

What if they never existed is what I'm saying. What kind of games would we be playing?

(This was answered before)

 

[99.vikram]

Some day "he looked suspicious" is going to be ruled a valid reason for a conviction

Fixed. Oceania, here we come!

 

[Glirk Dient]

Yes, because civilians with pistols and hunting rifles are totally a match for a government that spends 435 billion dollars a year on its military.

The military is made up of mostly kids with families back home. They would ditch the military in a second if everyone took up arms against the government.

 

[kineaesth]

No seriously, do you play games like GTA IV and CoD? DO YOU LIKE THOSE GUNS?!?!?!

What if they never existed is what I'm saying. What kind of games would we be playing?

Games like that aren't real life, Dragonshirt. Real life guns actually kill people.

Kill them dead.

Also no.

 

[Saturos]

The military is made up of mostly kids with families back home. They would ditch the military in a second if everyone took up arms against the government.

The military would become a separatist faction. Especially the Army.

The marines are less likely so because they are the presidents own.

 

[Krynn72]

The military is made up of mostly kids with families back home. They would ditch the military in a second if everyone took up arms against the government.

Many would, for sure. But I'd wager that most wouldnt. I doubt very much that most military personnel would support a move to overthrow the government of the country they signed up to serve.

 

[Saturos]

Um...ok guys. Maybe we should shut up now. What if big brother is watching? :O

 

[Jintor]

Then you guys all get boned, I live in Australia.

On a side note, if a nation founded originally as a prison doesn't need guns for everybody, then NEITHER DO YOU. :arms:

 

[Atomic_Piggy]

25 years for possession? That will teach him for doing what he wants with his body. What a jerk-off.

 

[VirusType2]

I believe the following to be accurate -

Possession of cocaine is a serious federal crime. A scale with cocaine = intention to distribute, making it far more serious. Concealed firearms is quite serious obviously.

I'm not familiar with every states laws, but I think that nothing can hang from a Rear view mirror unless you have license plates from Washington D.C. and perhaps West Virginia. But there could be others.

If you have something hanging from a rear view mirror, this gives them the right to pull you over and ticket you. They cannot search your car without permission, or unless they have a reason to believe you have something illegal in the car. EDIT - OR IF YOU SEEM TO BE UNDER THE INFLUENCE

If something is in plain sight, and perhaps if they smell something illegal (drugs, rotting corpses). I think you can refuse a search, but they will just get a K-9 unit with a trained dog that can identify something illegal by smell. If the dog smells something, then they have a right to search your car.

 

[blahblahblah]

Sigh,

the law says they need probable cause. The cops claimed having an air freshener was probable cause, thus making it lawful for cops to search anyone driving with an air freshener.

Except you are missing all of the other elements of probable cause they listed in the article. Frankly if you all want to spaz because you think a cop is going to search your car on the sole basis of having an air freshner, go right ahead. I am saying you have nothing to worry about.

You're an idiot. Ive known several people who use air fresheners in their car who are completely sober.

Have you actually known anybody who has used air freshners or dryer sheet to cover up the smell of drugs? It doesn't smell "febreeze fresh", it smells like a box of bounce dryer sheets blew up in their car.

 

[CptStern]

Talk about a gross oversimplification of things.

How many people do you know drive with their car smelling like laundry detergent or dryer sheets and are not trying to cover up the smell of drugs?

are you joking? ever been to a laundromat?

I am not about to read a court case in my spare time, but I will say that most court cases deal with clarification of existing law. Which means the law already exists, it is just being affirmed or modified. This means the cops already had the legal authority to search your car in this context prior to this court case.

yes the very first paragraph of the article confirms this:

A federal appellate court ruled last week that police can delay a routine traffic stop as long as necessary to conduct a search for drugs. In its decision, the US Court of Appeals for the Fourth Circuit upheld the validity of a thirty-minute traffic stop in Maryland

this isnt in dispute, this part is:

because the arresting officer claimed the nervous driver had an air freshener hanging from his rear-view mirror

an air freshener, in their warped minds is enough probable cause for a search, everyone has air fresheners in their car, this allows them to pretty much use "he had an air freshener" excuse to search your car regardless if you're guilty or not. this sets a bad precedent for abuse of search and seizure:

He also cited testimony from Metropolitan Transportation Authority Officer Vincent Edwards who saw no air fresheners and smelled no particular odor from the vehicle.

so what's it going to be? the first police officer said there was a smell of laundry detergent and air freshener yet another officer said there was no smell

they wanted to search his car and looked for loopholes to do so ..this is pretty telling as to their motives:

A second officer at the scene told White that the defendant, "knows the law... so getting in the car is going to be difficult."

"hey I see an air freshener ..obviously you're dealing drugs ..search his car boys"

that scenario can play out for pretty much everyone and anyone

Have you actually known anybody who has used air freshners or dryer sheet to cover up the smell of drugs? It doesn't smell "febreeze fresh", it smells like a box of bounce dryer sheets blew up in their car.

you were at the scene? how do you know it "smelled like a box of bounce dryer sheets blew up in their car"? funny how there's two conflicting police statements yet you immediately jump to the one that suppurts your pov and ignore the other statement:

He also cited testimony from Metropolitan Transportation Authority Officer Vincent Edwards who saw no air fresheners and smelled no particular odor from the vehicle.

oh and cocaine has no odor, so your point is completely moot