NYC laws

Discussion in 'Marijuana Legalization' started by Machina, Jul 20, 2007.

  1. Second time posting after it got deleted, thanks IGotTheCottons... As far as I can tell, this should be the right forum...

    Anyways, my original question was to this effect:

    A friend told me that here in New York City, if a cop comes into your building, and smells bud coming from your apartment, he can't arrest you for that because it's in the privacy of your home, unless you give him permission into your apartment and he find "evidence".

    Also, is it true that a cop can't arrest you for walking down the street high, again, unless he finds "evidence".

    The two borough this concerns me with is Manhattan and Brooklyn.

    Thanks guys.
     
  2. Untrue; they have charges for that. Reasonable suspicion and public intoxication.

    Keep your smoke discrete and act normal in public.

    Welcome to the City :wave: The mods usually aren't this bad but there's been a torrent of people posting in wrong sections.
     
  3. I thought about that, I even told my friend something to the effect of that, but he was persistent. Anyways, I've always kept it discrete. We have what's called the "blue wave" here, a influx of rookies, who in my opinion are out to try to make a name for themselves.


    Thanks very much hashaman :)
     
  4. Well i just recently read an article about a texas man i believe that got off saying that smell alone wasn't enough to search his house to find weed. The judge let him go saying that the search wasn't legal on smell alone. Ahh found it http://www.icmag.com/ic/showthread.php?t=10079 however this is texas not nyc but this can be used in new trials I believe common law or something like that. I don't know I'm not a lawyer.
     
  5. A cop cannot just "enter" you home due to "smell" if he asks to come in, or is given permission by the HOME OWNER than he can come in and search. otherwise it's an illegal search without warrent, think of it as the SAME thing as a cop asking to search your car, if he does it's an illegal search unless you give him verbal permission to do so.

    Also, NEVER go OUTSIDE your front door threshold. A cop cannot enter your private home to come and arrest you without a warrent.

    Little things like this get cases thrown out all the time, the main thing to remember is to keep your cool and not let them strongarm you to allowing searches or going onto "public property" aka outside your home, where they can legally detain you and then search your persons under the pretense of suspiscion.
     

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