Quote:
Originally Posted by WarChild
I'm telling you this is no fucking surprise. It's been this way for more than 80 years. Not just in the USA, but here in Canada where I live too.
Smelling pot, and later finding pot, seems like a pretty good case of probable cause. It's not like the police said they smelled "a musky gardening smell". You'll notice the Supreme Court seems to agree.
It seems like the real issue is you're upset over marijuana being illegal. Hey, I fucking agree with you on that one. It's absurd and ridiculous. However, like I said, this isn't anything new. An officer's sense can absolutely be taken in to account for probable cause. Smell, sight, hearing, etc.
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I am not surprised by this at all, but that is not the point. The point would be whether you agree with this or not. I personally think it is complete bullshit and once again weakens the rights of the individual.
I will put it this way, why did the Kentucky supreme court side with the defendant? These are supreme court judges who looked at the case and realized there was no probable cause and threw the case out.
Whether or not pot should be legalized is not the point either.