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No officer, that's my air freshener

Started by Pat McCotter, January 06, 2009, 02:30 AM NHFT

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Pat McCotter


Lloyd Danforth


AntonLee


ColdSoul

I don't recommend that you use this unless you really want to be searched, and have your car searched every time you get pulled over. This could be considered "probable cause" for a non-consent search.

Now even if you "think" you have nothing illegal in your car there is always the possibility that something you never knew was illegal could be charged against you like say transporting a lobster under 12 inches (which is a felony-federal law due to a international treaty that makes other countries laws apply to the US when it comes to the transportation of plants and animals).

doobie

This is why, I thought only for a moment for getting vanity license plates saying "DOOBIE"

dalebert

Quote from: ColdSoul on January 06, 2009, 11:14 AM NHFT
This could be considered "probable cause" for a non-consent search.

Technically it's not enough to be "probable cause" by itself according to Barry Cooper's Never get Busted. But then we got searched because our back window was foggy on a chilly, moist night so obviously a lot of cops don't care about probable cause.

ColdSoul

Quote from: dalebert on January 06, 2009, 02:23 PM NHFT
Quote from: ColdSoul on January 06, 2009, 11:14 AM NHFT
This could be considered "probable cause" for a non-consent search.

Technically it's not enough to be "probable cause" by itself according to Barry Cooper's Never get Busted. But then we got searched because our back window was foggy on a chilly, moist night so obviously a lot of cops don't care about probable cause.


Yes we all know a cop might not know the law any better than you and I, or anyone else. The whole thing is just as sexual harassment is very vague so is probable cause or at least from what I was trained. If a cop comes up to your car and smells marijuana he is most likely going to want to search your car, and even if it's coming from your air freshener how is a cop going to identify that? They of course are going to argue in court to the Judge, or Jury depending on the circumstance that the cop will be unable to identify if the smell was coming from the air freshener, or from something else in the vehicle. Due to this it seems, though I disagree with the principal that you would be at a major disadvantage to fighting that in court. But I am of course not the final authority the Judge or Jury would be unless this has been decided previously in a NH court, or a appellate court (outside of NH) then I would be completely wrong and maybe that is what Barry Cooper knows.