Pot and police. The amount of discretion and power that cops have on this issue has been bubbling in frustration under my skin for a while and is now physically revolting to me.
Fact #1: A police officer can pull you over and search your vehicle if he has a 'reasonable suspicion' that you have pot in your possession.
What does this mean? An officer smells pot, or claims to have smelt pot because this is something that you can have no objective proof of later on. He can search your vehicle. He can arrest you for anything that he finds, even if he does not find any pot. So, basically so long as police officer is willing to claim that he smelt pot from your vehicle we are now subject to random searches of our vehicles at anytime. That sounds like an invasion of privacy, and horribly totalitarian to me.
Also, a general smell of pot in the area of a vehicle does not necessarily mean that anything is illegal is happening in said vehicle. Ever left a house where people were smoking it around you? You smell. Ever walked down the street where someone else was smoking a joint of some rank shit earlier? It smells. Or a house where someone is growing? Sometimes the whole street smells. Too bad, everyone that goes by there now has their vehicle subject to random search. Sometimes I feel like 'freedom' is just a concept slipping through my fingers, getting pulverized by sneaky little things like "police discretion."
Fact #2: You can be convicted of impaired driving, for pot, based on the observations of one police officer. This happened last year in NB. A police officer said that a guy looked stoned and smelled like pot. He also 'acted stoned,' aka took a while to look through his wallet etc. He did not commit any traffic violations. The cop searched his car and did not find any pot. He searched the guy driving and didn't find any pot. The cop didn't do a blood test, didn't call anyone else to observe the situation.
I know pot is still illegal... but don't crimes need PROOF? Since when are drug related offenses a he said/ she said situation? It's not like there is the word of a victim... I'm sure the alleged weed that no one can find isn't saying anything.
Does no one else see a problem with this?? WTF?? Oh and the guy convicted in NB appealed. And lost. Because the credibility of the police officer is enough. And we all know that all police officers tell the truth about everything all the time and should be able to search anyone or have them convicted just on their say so. —the pot