Another arrest for USF football

[RaisingFenix]

A question for everyone saying "the law is the law," and I'm asking in good faith:

Do you have any problem with the fact that it appears that the officer also broke the law in this search and arrest? His stated probable cause for searching the vehicle was that he smelled marijuana, but there wasn't any. He can't make up a reason to search and then go on a fishing expedition for whatever happens to be in there.

Unless there are details that aren't being reported (admittedly possible), this has profiling and illegal search written all over it. IANAL, but this seems like a charge that a decent lawyer could get thrown out. I hope Mr Antoine is able to stay in school and get into treatment, rather than go to prison and have his life ruined for a dumb mistake of an 18-19 year old.

[snarling Bull]

I got pulled over as a young, white guy in a predominately black neighborhood in Jacksonville.  Me a couple of buddies got lost.  The cop told me that the only reason young, white guys are in that neighborhood at night were to buy drugs or hookers.

my sister had that same thing happen to her   Someone threw a cinder block at her minivan and her husband was told the only reason whites people would be in that area was to buy drugs.  

 

 

 

 

 

 

Edited October 26, 2015 by snarling Bull

[Dogma]

A question for everyone saying "the law is the law," and I'm asking in good faith:

Do you have any problem with the fact that it appears that the officer also broke the law in this search and arrest? His stated probable cause for searching the vehicle was that he smelled marijuana, but there wasn't any. He can't make up a reason to search and then go on a fishing expedition for whatever happens to be in there.

Unless there are details that aren't being reported (admittedly possible), this has profiling and illegal search written all over it. IANAL, but this seems like a charge that a decent lawyer could get thrown out. I hope Mr Antoine is able to stay in school and get into treatment, rather than go to prison and have his life ruined for a dumb mistake of an 18-19 year old.

Its not the against the law. 

Yes an officer can claim to smell weed and search the car, even if they don't find any.  I posted earlier that some states have now enacted laws that smelling weed is no longer a reason to prove probable cause for a vehicle search because of alleged misuse (shocking!) ...many of them being states that allow medical use.  Florida does not have this type of law

You can try to fight it, but again... current laws in Florida allow this to happen

http://blogs.findlaw.com/blotter/2015/04/is-it-legal-to-search-based-on-the-smell-of-marijuana.html

 

And a Florida-based report:

"In Florida and across the country, the smell of pot gives law enforcement the right to search a person or vehicle without a warrant.

Locally, arrest reports from South Florida law enforcement agencies frequently highlight this move in action."

http://articles.sun-sentinel.com/2013-06-09/news/fl-marijuana-probable-cause-20130605_1_search-warrant-marijuana-enforcement

 

[Brad]

FIFY

Fixed it for your beliefs. 

[Brad]

I think Apis and other old coots were raised on the right vs wrong standard, not the situational, "Well, if you only got caught with it - it's not a big deal."

[theman123]

 

Do you have any problem with the fact that it appears that the officer also broke the law in this search and arrest? His stated probable cause for searching the vehicle was that he smelled marijuana, but there wasn't any. He can't make up a reason to search and then go on a fishing expedition for whatever happens to be in there.

 

I'm quite liberal, and even more liberal when it comes to drugs. But, not all cops are ass holes and this kid was riding around with some xanax. He doesn't really get the benefit of the doubt on this one.

When you smoke and drive, it's not like your gonna bring the dope with you.  Smoke a joint, and the evidence is gone, but the smell isn't. That is, unless your riding around with a few bars, which is why he deserved to get arrested.

It's also not un realistic that he had smoked in it on prior occasions, and the smell just lingered. But still, you've gotta know the risks when riding around with drugs. If you're going to take the risk, you've got to be smart enough to know your car smells clean so you can't get searched. That being said I still can't believe this is a felony. He should be back with the team soon.

[Brad]

If you smoked it, would it really be there still?

[WWMJD]

I think Apis and other old coots were raised on the right vs wrong standard, not the situational, "Well, if you only got caught with it - it's not a big deal."

I think everyone here believes in right and wrong. The question is how you make that judgement and whether you accept that there are degrees of rightness and wrongness. Haven't seen any posts that suggest otherwise. 

[NCBull]

[Roaming Bull]

actually what happening here is pretty cool. We are discussing a complicated issue in a mostly civil manner and doing something that doesn't happen in our society enough. I think this has been a **** good discussion regardless of which side of issue people have been on