Entrapment

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Luke
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Re: Entrapment

Post by Luke »

This is mostly for Dish, but also an fyi on driving after smoking pot:

Yes, you can be charged with a DUI for being high while driving, and yes current field tests are not only permissible in court and in some states required. But that actually doesn't mean much in the long run as...

As long as an officer has reasonable cause to believe you are under the influence of any drug, said officer has every right to take you into custody for drug testing. And yes, that means placing you under arrest and being tested in the clink. "Reasonable cause" is at the officer's discretion, and any act of non cooperation could result in further charges.

So in all actuality, an officer can arrest you on the spot if your eyes are bloodshot and he/she has reasonable cause to believe you are under the influence while driving.
dsheinem
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Re: Entrapment

Post by dsheinem »

Luke wrote: As long as an officer has reasonable cause to believe you are under the influence of any drug, said officer has every right to take you into custody for drug testing.
Yes, but can that testing prove you were high while driving, or just high sometime n the past few days/weeks?
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Luke
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Re: Entrapment

Post by Luke »

dsheinem wrote:
Luke wrote: As long as an officer has reasonable cause to believe you are under the influence of any drug, said officer has every right to take you into custody for drug testing.
Yes, but can that testing prove you were high while driving, or just high sometime n the past few days/weeks?
From what I was told, the drug test is actually somewhat unnecessary. When the court hearing proceeds, the officer's sworn testimony is enough for the judge. Can it be refuted? Of course, but I also learned an appeal can backfire as the officer will more than likely go through his/her entire resumes and collars and will show that the experience in the line of duty is enough for his/her word to be taken at face value.

Now the officer's cause is not the end all, but if someone was charged with a pot DUI, he better lawyer up or it will be a very short day in court.
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Ziggy
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Re: Entrapment

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god wrote:
Ziggy587 wrote: Ah, so a combie is that hippie van. That term is only used for such a van, and not vans in general? Kinda like how we call old Volkswagon Bugs "punch buggies".
Thats exactly right, it needs to be one of those VW vans. I was actually quite suprised to read your comment, since I thought that the term was universal. People here would definately look at you strangely if you refered to any old van as a Kombi.
I'm pretty sure it's an Australian-only nickname. Never heard any one here (in the USA) call it a kombi, except for Colin Hay. However, if you saw one on the road you could shout, "The Libyans!" The people around you, if any (yes, I shout it even when I'm alone in the car), will know there's a Volkswagon van in eyesight.

Hatta
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Re: Entrapment

Post by Hatta »

Luke wrote:From what I was told, the drug test is actually somewhat unnecessary.
Of course not. Because cops are 100% trustworthy, all the time. :roll: "Testilying" happens often enough that there's a neologism to describe it. It is always reasonable to doubt the word of a police officer, and if all you have is the word of a police officer, you have reasonable doubt.

Anyway, on the topic of driving and cannabis, the last time I searched the literature was 10 years ago or so. That research is pretty outdated, but the research that's happened since then is consistent with it. You're going to roll your eyes, because I'm linking to NORML, but they have a collection of references to serious research showing that cannabis is a very minor risk factor when driving. Can you find any pro-prohibition sites that have such a lengthy and well referenced bibliography for ANY of their claims?
We are prepared to live in the plain and die in the plain!
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hashiriya1
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Re: Entrapment

Post by hashiriya1 »

dsheinem wrote:Image

Wrong scene!

This is more like it...


Image
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Luke
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Re: Entrapment

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Hatta wrote:
Luke wrote:From what I was told, the drug test is actually somewhat unnecessary.
Of course not. Because cops are 100% trustworthy, all the time. :roll:
I didn't write the law, but there it is.

Just as a cop can say "he drew first", he can say "he was impaired". Doesn't make it right, but this is life.

And I don't hate pot smokers at all, but I do have a grudge with the ones that dump the remaining contents of their swishers and phillies in parking lots. Please clean up your trash.
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Re: Entrapment

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Luke wrote:
And I don't hate pot smokers at all, but I do have a grudge with the ones that dump the remaining contents of their swishers and phillies in parking lots. Please clean up your trash.
I make it a point to dump mine out all over handicapped parking spaces.
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Luke
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Re: Entrapment

Post by Luke »

dsheinem wrote:
Luke wrote:
And I don't hate pot smokers at all, but I do have a grudge with the ones that dump the remaining contents of their swishers and phillies in parking lots. Please clean up your trash.
I make it a point to dump mine out all over handicapped parking spaces.
Hand to God a friend of mine split a blunt while parked in a fire lane and was busted for three minor infractions.

Arrested at 17, was sent home, and I think the most trouble he got into was being grounded for two weeks.
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o.pwuaioc
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Re: Entrapment

Post by o.pwuaioc »

dsheinem wrote:
Luke wrote:
And I don't hate pot smokers at all, but I do have a grudge with the ones that dump the remaining contents of their swishers and phillies in parking lots. Please clean up your trash.
I make it a point to dump mine out all over handicapped parking spaces.
Is that during the time you steal your dad's handicapped parking permit and occupy the handicapped parking spaces so that those fat, lazy bastards can't scooter themselves into your mall job?
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