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Probable Cause
Posted by Spunky on 08/05/2008 11:59pm
4 Bumps
Mood: Happy
Copy-pasted from AIM for ease, didn't feel like typing it all out again
after I'd already told it in full detail to someone haha.
Amnestometh (2:19:44 AM): :o
Amnestometh (2:20:35 AM): My brother just told me another funny story from his criminology class.
Amnestometh (2:20:49 AM): Er, criminal justice
x7xSpadeSx7x (2:20:51 AM): what is it
Amnestometh (2:21:17 AM): Haha. There's this former NYPD sergeant in his class who's always arguing with him like he knows everything.
Amnestometh (2:21:30 AM): Here, you have to go to college to be a cop, there you don't, so when he transfered, he had to enroll.
Amnestometh (2:21:43 AM): The guy was a 9/11 response officer, so he's seen some shit.
Amnestometh (2:21:54 AM): Anyways
Amnestometh (2:22:02 AM): They were talking about probable cause one day
Amnestometh (2:22:05 AM): Let me ask you a question
Amnestometh (2:22:14 AM): What would you do if you smelled marijuana smoke coming from a house?
x7xSpadeSx7x (2:22:56 AM): hum hum hum
x7xSpadeSx7x (2:23:02 AM): i dont think you can do anything
x7xSpadeSx7x (2:23:10 AM): but youd have to go to the door mehbeh?
Amnestometh (2:23:32 AM): Haha, that's where it gets tricky.
Amnestometh (2:23:47 AM): Would it be legal for you to search the house?
x7xSpadeSx7x (2:23:48 AM): hmmm
x7xSpadeSx7x (2:23:59 AM): not unless you saw the weed
x7xSpadeSx7x (2:23:59 AM): o.0
x7xSpadeSx7x (2:24:03 AM): after THEY opened the door
x7xSpadeSx7x (2:24:08 AM): or something else inside the house
x7xSpadeSx7x (2:24:09 AM): drugs
x7xSpadeSx7x (2:24:11 AM): guns
x7xSpadeSx7x (2:24:14 AM): etc
Amnestometh (2:24:23 AM): Right, at that point it's beyond probable cause.
Amnestometh (2:24:33 AM): But, let's assume you don't see any.
x7xSpadeSx7x (2:24:34 AM): mhmm\
x7xSpadeSx7x (2:24:38 AM): then no
x7xSpadeSx7x (2:24:43 AM): you cant
x7xSpadeSx7x (2:24:45 AM): unless you ask
x7xSpadeSx7x (2:24:47 AM): and they say yes
Amnestometh (2:24:50 AM): You're absolutely right.
x7xSpadeSx7x (2:24:53 AM): doubtfully if you smell weed
Amnestometh (2:25:04 AM): No
Amnestometh (2:25:14 AM): You can't search based on probable cause alone.
Amnestometh (2:25:17 AM): You would need a warrant.
Amnestometh (2:25:27 AM): So what would you do if you smelled marijuana smoke coming from a house?
Amnestometh (2:25:51 AM): By the time you get a warrant, they've already flushed the stash and cleaned their bongs.
x7xSpadeSx7x (2:25:57 AM): lol
Amnestometh (2:25:57 AM): So what do you do?
x7xSpadeSx7x (2:26:07 AM): nothing then
x7xSpadeSx7x (2:26:13 AM): you cant do anything o.0
Amnestometh (2:26:18 AM): Untrue.
Amnestometh (2:26:22 AM): Hang on my bro came back
x7xSpadeSx7x (2:26:28 AM): lol
x7xSpadeSx7x (2:26:30 AM): wrtd
Amnestometh (2:35:46 AM): ok back
x7xSpadeSx7x (2:35:51 AM): mhm
Amnestometh (2:35:56 AM): He's got stories tonight hahaah
Amnestometh (2:35:59 AM): He's going to bed now
Amnestometh (2:36:04 AM): Anyways, back to what I was saying
x7xSpadeSx7x (2:36:05 AM): ah
Amnestometh (2:36:40 AM): Ok, if you smell marijuana smoke coming from a house, you can't legally search the house. But, you can seize it. 
x7xSpadeSx7x (2:36:50 AM): lol
x7xSpadeSx7x (2:36:50 AM): wtf
Amnestometh (2:36:56 AM): Yeah.
Amnestometh (2:37:35 AM): If you smell marijuana smoke coming from the house, you can walk right through the front door, put the person who answered the door in handcuffs, search them for weapons and sit them down on their couch.
Amnestometh (2:37:45 AM): Then proceed to search closets, under beds, anywhere a person could hide.
Amnestometh (2:37:50 AM): You make that place safe.
Amnestometh (2:38:04 AM): If you happen to find drugs in the course of your search for a threat.
Amnestometh (2:38:08 AM): Well, that's evidence.
Amnestometh (2:38:11 AM): You weren't searching for drugs.
Amnestometh (2:38:15 AM): You just happened to find some.
Amnestometh (2:38:27 AM): Meanwhile, your partner goes out to the car to request a warrant.
Amnestometh (2:38:37 AM): You're doing all of this searching while he's on the radio.
Amnestometh (2:38:46 AM): When the warrant comes through, you begin searching everywhere else.
x7xSpadeSx7x (2:38:57 AM): hmm hmmm hmm
x7xSpadeSx7x (2:38:58 AM): lol
x7xSpadeSx7x (2:39:00 AM): sneaky sneaky
Amnestometh (2:39:15 AM): No, legal legal.
Amnestometh (2:39:53 AM): But during the initial argument my brother had, the guy refused to back down, insisting that it would be illegal to do that. The argument concludes with no clear winner.
Amnestometh (2:39:57 AM): Fast forward two weeks.
Amnestometh (2:40:18 AM): A substitute instructor is present because his instructor is out of town on some business somewhere else.
Amnestometh (2:40:24 AM): They talk about probable cause again.
Amnestometh (2:40:39 AM): The substitute teacher details pretty much what my brother said, down to the word.
Amnestometh (2:40:48 AM): It was as if my brother had written it down and he was reading it.
Amnestometh (2:41:07 AM): Meanwhile people who were present two weeks ago for the argument are all just smiling at my brother and occasionally glancing at the guy.
Amnestometh (2:41:40 AM): Then my brother interrupts the instructor and nods over to the guy and says, "Hey, remember two weeks ago when we were talking about probable cause?"
Amnestometh (2:41:42 AM): He nods.
Amnestometh (2:41:56 AM): "Remember when I said exactly what he's saying right now, and you said I was wrong?"
Amnestometh (2:42:00 AM): He nods.
Amnestometh (2:42:12 AM): "Well, I was right, you were wrong, na na na na na na."
Amnestometh (2:42:16 AM): Then he does the Cartman dance.
x7xSpadeSx7x (2:42:21 AM): LMFAO!!!!!!!!!!!!!
Amnestometh (2:42:34 AM): The instructor spit diet coke all over his desk.
Amnestometh (2:44:06 AM): My brother has some hilarious stories.
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Clever twist on the end there.
I lawled.