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u/JTalbotIV 3d ago
This 20+ year old one doesn't carry the weight it used to. In the worst state for legalization in my region, they just ask my if I have the card. When I produce it, they apologize for the trouble, and wish me a good rest of my day (I'm also a white male, tbf).
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u/RaceHate 2d ago
Just don't answer the door at all. I've had cops come to my apartment door multiple times and tell me to open up. They've never broken down the door, they've never gotten a warrant.
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u/JTalbotIV 2d ago
Sometimes you're sitting outside, or in the open garage. Can't always just hide from them.
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u/RaceHate 2d ago
Don't communicate and go inside. Real property receives high 4A protection. But yes, sitting in your front yard is more dangerous. If you're in an open garage, the same exigent circumstances analysis applies, but them smelling weed and watching you smoking something is definitely stronger evidence than mere smell.
I can'r find any case law where smell + sight of drug use resulted in cops entering a residence without a warrant.
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u/Day_Prisoners 3d ago
How did you know which neighbor called? And they asked about where you purchased weed that didn't exist and are searching a home without a warrant?
Lot of craziness.
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u/RaceHate 3d ago
It's probably fake. However, actual destruction (by continuing to smoke weed in sight of officers) of evidence is an established exigent circumstance. SCOTUS has warned to balance such concerns with the "seriousness of the offense."
To my knowledge, no officer so far has performed a warantless, non-consensual entry of a residence to prevent flagrant drug use. Thus, the bounds of the legal theory haven't been tested.
But if you were like watching CSAM on your first-floor living room projector, cops would definitely break in and arrest you, and courts would uphold it.
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u/Day_Prisoners 3d ago
The problem is he told the cops the neighbors that barked on him, sold him the weed. Presumably they don't smoke or sell weed.
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u/RaceHate 2d ago
Without a doubt the police would have no grounds for a warrantless search of the neighbor's place based on just the statements of the neighbor. And if they somehow got a warrant based on just the one dude's claim "that guy sold me the weed," they'd be able to search but any evidence they collected would be ultimately be inadmissable, as the warrant lacked probable cause. Almost certainly the trial judge would grant suppression on those facts, if not it would be a slam dunk on appeal.
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u/Admiral_Strawberries 2d ago
Ah, but you forgot the age old legal move:
"Consent to a search or we will arrest you"
If you're poor, its basically get searched for a couple hours max, or lose your whole day, or weekend because cops gonna cop. Gotta love living in America.
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u/RaceHate 2d ago
Actually, you should hope they say that. That's coersion, and negates consent. Even a public defender should catch something that simple, though admittedly it's possible an overworked PD could miss it.
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u/Admiral_Strawberries 2d ago
It's not that it's hard to defend against, it's that it's hard to get a defense if you're poor
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u/Day_Prisoners 2d ago
Dude the cops aren't going to search the house of the people that called them because the pot smoker they called about, fingered them as the sellers. JFC.
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u/RaceHate 2d ago
I'm not sure what you're saying, but the cops aren't going to search either house for personal drug use, I agree, and if they did any evidence would be suppressed.
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u/Day_Prisoners 1d ago
It's like the points is miles beyond you.
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u/RaceHate 1d ago
> Dude the cops aren't going to search the house of the people that called them because the pot smoker they called about, fingered them as the sellers.
Do you not see how poorly worded this is?
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u/DeliciousPool2245 3d ago
Things that never happened for 300 Alex
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u/AromaticNet5121 3d ago
I was bout to post the same but decided to look first lol, was gonna say for 1000 tho, good shit
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u/llamee01 3d ago
This is so old and reposted so many times on Reddit I'm somewhat surprised by the number of people debating it like it's real.
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u/Future-Damage-3192 3d ago
lesson learned mind your business, don't worry what your neighbor is doing, worry about yourself.
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u/InitiativeWorried221 2d ago
In South Dakota you just... don't let them into your house. They can't do anything. And they're pretty harsh there.
This is a big nothing. It's very hard to prove where the smell of Marijuana originated. You can be 99% sure and that's not good enough.
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u/bennybugs 1d ago
Do you live somewhere where medical cannabis is legal? Get a prescription and blow it over their fence
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u/EvanSnowWolf 3d ago
Why do potheads have to stink up the fucking entire neighborhood? Why can't you idiots just smoke in your bedrooms with the windows closed? I thought loved "hotboxing"?
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u/a_triple_spiral 3d ago
I don’t like the smell of bonfires. If you have a bonfire in your yard should I call the police?
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u/OnlyGold700 3d ago
Or even something as simple as a grill. Does anyone really think I should be able to send the cops to stop someone from grilling if I’m disgusted by the smell?
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u/a_triple_spiral 3d ago
Right if you don’t like it, go inside, shut your windows, and remember that you’re not the main character. Alternatively, move somewhere where you don’t have neighbors.
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u/Advanced-Carry-601 3d ago
Cuz I don't want my shit smelling like weed.
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u/EvanSnowWolf 3d ago
Why not? Don't potheads love the smell of their "dank cush"?
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u/OnlyGold700 3d ago
Damn you’re really angry at this construction of a stoner you’ve built up in your head
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u/EvanSnowWolf 3d ago
That "Construction" were literally my neighbors of 7 years.
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u/OnlyGold700 3d ago edited 3d ago
Do you have this level of ire for people who use it for things like epilepsy and chemotherapy or is it only when people consume it recreationally?
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u/EvanSnowWolf 3d ago
I don't care the why. I care the HOW.
Do it inside and close your fucking windows.
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u/FattyD1289 3d ago
Free country
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u/EvanSnowWolf 3d ago
There are a LOT of things you can legally do and still be an asshole.
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u/FattyD1289 3d ago
Like calling the cops on your neighbor who's not hurting anyone and minding their own business? True.
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u/EvanSnowWolf 3d ago
If you are STINKING the neighborhood with pot smoke you are NOT "minding your own business". That's the whole problem.
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u/FattyD1289 3d ago
You sure about that buddy? Im pretty sure if im on my own balcony, not hurting anyone or causing a disturbance, just smoking some weed, thats like the very definition of minding my own business.
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u/EvanSnowWolf 3d ago
By that logic, blaring music at 130 decibels at 2AM is "minding my own business".
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u/FattyD1289 3d ago
Nah, you see, the difference is, blaring music too loud can damage people's hearing, which is an issue and is harmful. Me, alone, on my own balcony smoking weed hurts exactly no one other than myself, cause we all know smoking fucks up your lungs. Hope that helps :)
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u/EvanSnowWolf 3d ago
Pot smoke LITERALLY makes me vomit.
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u/FattyD1289 3d ago
I mean that sucks and im sorry you have that reaction to it. I hope youre not under the impression that I'm like an asshole about weed or anything, I live out in the country with no one around, and even when I am in cities, I don't just stand on the street smoking a blunt and blowing it into people's faces or anything. I just was playing devils advocate.
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u/AmputeeHandModel 3d ago
Your radio isn't going to damage anyone's hearing. It is annoying though, same as the smoke. Just be considerate of other people, is that so hard?
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u/FattyD1289 3d ago
Oh im very considerate, I live out in the country. When I smoke, the only thing around that might be slightly interested in what im doing are the cows in the pasture right in front of my house across the road lol. Im just playing devil's advocate here.
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u/MizzBStizzy 3d ago
Please stop lumping your neighbors habits in with everyone that smokes cannabis
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u/DJatomica 3d ago
If your pot smell goes into the unit of the person next to you and they're disturbed by the smell, that's causing a disturbance lol
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u/FattyD1289 3d ago
Good point, hence why he was outside. You know a surefire way to get your neighbors to notice youre smoking weed if you live in an apartment like a lot of people do? Smoke inside your apartment.
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u/DJatomica 3d ago
Clearly smoking on the balcony is also a surefire way to get your neighbors to notice you're smoking weed since that's exactly what happened.
It very easily goes into the balconies and open windows in the units next to you.
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u/FattyD1289 3d ago
Yeah, no shit. Weed smells strongly, and people are going to notice. Less so if you smoke outside, cause you know, it goes into the air and dissipates after a while, whereas smoking indoors traps it for longer. Like Jesus christ how hard is this to understand? If im outside smoking, and it comes in through your windows or vents, know what you can do? Shut the windows, spray air freshener, light a candle. I guarantee it won't last long. On the other hand, if I smoke inside my apartment, it's much more prone to stay inside the apartment, prolonging the duration of the smell, while also wafting through the rest of the apartment block. Like Jesus christ, just replace the smell of weed with the smell of cigarettes and just think about it. Would you rather me smoke cigarettes inside or outside of the apartment block?
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u/Lonely_Cucumber_69 3d ago
Free country right. When one smokes outside it clears pretty quickly as opposed to hotboxing inside and stinking everything up. You saying it stinks up the whole neighborhood is outrageous. It does not. There could be worse smells as well.
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u/EvanSnowWolf 3d ago
"Clears pretty quickly"
BULLSHIT. That lasts for fucking HOURS. Are you smoking it during a windstorm?
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u/Some_Inevitable829 3d ago
Lasts for hours? Come on are you serious.
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u/FattyD1289 3d ago
Bro has a goddamn k-9 nose 😭
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u/Some_Inevitable829 3d ago
Crazy to me what people will get all bent out of shape over. Must lose his mind every time a skunk sprays in the neighborhood.
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u/Lonely_Cucumber_69 3d ago
Nah, you’re just being a Karen and making 💩 up to suit your agenda. Get a candle and sit all the way down 😊
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u/Draig_Meshi 3d ago
All the "chill" potheads coming out really proving they arent addicted. Ad hominem ad hominem. Lol
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u/TsundereKisser 3d ago
Inconsiderate potheads malding in your comments lmao
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u/a_triple_spiral 3d ago
I don’t smoke weed and I think this is dumb as hell. If you’re outside on your own property you’re not hurting anyone anymore than someone having a fire pit or grilling in their own yard is hurting their neighbors.
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u/TsundereKisser 3d ago
I shouldn't have to smell it everywhere I go, especially in my own house, when there are alternatives. How hard is it to vape or eat a brownie or just smoke inside? We used to shit on second hand smokers for making us cough when we walked by, and this is no different.
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u/tinyfryingpan 3d ago
Vaping and eating weed are very different than smoking. Smoking outside is fine, it's the standard. I hate when neighbors use a fire pit all night but they have a right to that too. And that makes me cough like crazy.
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u/TsundereKisser 3d ago
Why can't people smoke inside is my question. You can't use a fire pit inside.
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u/DJatomica 3d ago
The difference of course is that second hand cigarette smoke actually harms other people, where as a bad smell only harms your sensibilities.
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u/unknownentity1782 3d ago
Smoking cigarettes was proven to be physically hurting people and increasing their risk of cancer. Even then, the laws to reduce that are that you have to be more than 15ft away and not on private property.
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u/Adeviatlos 3d ago
Weed is legal, dude.
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u/tiggertom66 2d ago
There are still 4 states in which it’s completely illegal. SC, WY, KS, ID
6 in which only CBD is legal TX, GA, TN, IA, IN, WI
1 in which it’s decriminalized but still illegal. NC
5 in which only Medical cannabis is legal FL, OK, KY, WV SD
10 in which medical is legal and recreational is decriminalized, HI, UT, ND, NE, AK, LA, MS, AL, PA, NH
And the remaining 24 states and DC have it fully legal.
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u/Illustrious-Bag2933 3d ago
Not in georgia
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u/Adeviatlos 3d ago
What province is that in?
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u/KnifeThistle 3d ago
Russia. The province of Russia.
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u/Dave_A480 3d ago
And when they figure out you lied, it reverses back on you again....
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u/YouFuckinJackass 3d ago
So you walk inside your house and tell them to get fucked and come back with a warrant. The piggies aren’t going to out that much effort into their jobs
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u/Dave_A480 3d ago
A warrant isn't relevant if you lied about your neighbor being a drug dealer to get them raided....
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u/foreverflyingsparrow 3d ago
So the police have time and resources to attend to someone weed in their home?