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Is this probable cause?

Discussion in 'Seasoned Tokers' started by Toke and Drum, Apr 13, 2010.

  1. #1 Toke and Drum, Apr 13, 2010
    Last edited by a moderator: Apr 13, 2010
    So I was watching campus PD today. There was a part where the cops went to someones house for a noise complaint. before they knocked on the door they looked in the window and saw two glass pipes. They knock on the door and they tell the guy they saw the paraphernalia. The owner of the house says they are used for tobacco. The officer says it is still probable cause and walked in the house to grab them. They got a ticket for paraphernalia.

    My question is: Is this really probable cause? They sell glass pipes for tobacco, so it wasn't completely unreasonable for the owner to have glass pipes.

    Edit: The pipes were used for marijuana, but I don't think you would be able to tell the difference in resin that far away.
     
  2. im no expert on the law but i'm pretty sure that without residue on the pipe in question that tests positive for THC then you can't get a paraphernalia charge. maybe that's just my state tho...

    :confused_2:
     
  3. ^word, but the cops will do anything they can and be shady to fuck over a harmless smoker.
     
  4. Yes, it was probable cause, because of something called the plain view rule. If paraphernalia is out in the open (meaning the officer can see it w/o moving stuff around or even entering the home), the officer can assume you've been smoking illegal substances out of them. I know the owner may have said they were used for tobacco, but it's common knowledge that spoon pipes are used for weed more often than tobacco. Moral of the story is: if you're going to be smoking in your house, don't leave your shit out in plain view. Sorry about the ticket, but that's the law. It really sucks. :(
     
  5. The cop was lying. The flawed system allows him to in order to make unfair busts like these when they're bored.
     

  6. It's called "In Plain Sight" and if an officer can see it he will not just ignore it. Same thing if your ridin' dirty and get pulled over...the officer IS going to look thru your windows and if he spots anything that might resemble paraphernalia that is "probable cause"........That's why when we party...we have a special room for tokin' up...so unless the police have a "search warrant" they aren't gonna see shit!:cool:
     
  7. its probable cause, due to the plain sight doctrine
     
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