Marijuana Legal Question

Forums: Legal, Fourth Amendment, Search And Seizure
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Hi, I'm Christina Hopkins and I live in Chandler, AZ.

Just a quick question.

Does a cop have the right to search a person with a shirt or hat (or any wearable accessory) with a marijuana leaf on it?

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dunno about rights, but i would certainly expect the cops to be suspicious of someone wearing apparel like that...

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Region Philbis wrote:

dunno about rights, but i would certainly expect the cops to be suspicious of someone wearing apparel like that...

Yeah, I know that it can be suspicious, but I have a lot of shirts like that and a lip piercing with a leaf on it. I just don't want cops bothering and harassing me over that. I think its bullsh**. We should have a right to wear what we want and not be judged by authorities. I never carried stuff on me so I'm not worried about getting searched. I just want to know if I could do something about it if a cop DOES ask me.

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It depends. You have never heard of Terry v. Ohio or reasonable suspicion?

This explains it pretty good imo
http://en.wikipedia.org/wiki/Terry_v._Ohio

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I doubt Terry would apply, but that's just an opinion. Decorations on clothing do not begin to suggest the person might be armed, which seems to be the thrust of the decision.

Such decorations don't seem to meet the standards of probable cause for a drug bust, either. As you say, Christina, you own lots of clothing like that, but can't be expected to be holding every time you wear such a shirt. Again, this is just casual opinion.

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Roger I was referring to this in that article:

Quote:

The Court held that police may briefly detain a person if they have a reasonable suspicion that the person has committed, is committing, or is about to commit a crime. Because of the important interest in protecting the safety of police officers, police may perform a quick surface search of the person's outer clothing for weapons if they have reasonable suspicion that the person stopped is armed. This reasonable suspicion must be based on "specific and articulable facts" and not merely upon an officer's hunch.

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Quote:

Because of the important interest in protecting the safety of police officers, police may perform a quick surface search of the person's outer clothing for weapons if they have reasonable suspicion that the person stopped is armed. This reasonable suspicion must be based on "specific and articulable facts" and not merely upon an officer's hunch.

So was I. Whether the person may be carrying drugs, or not, there is nothing in the design of the shirt that suggests the person may be armed. That someone has an embroidered leaf on the shirt may suggest the person makes occasional use of illegal substance. People who use such substances may or may not be armed, in a greater percentage than the general population. I can't see a reasonable suspicion that can be based on "specific and articulable facts".

I mean, Terry seems involved in danger to the officer, and concealed weapons.

I do not pretend to know what that court, or another court is going to come up with in a different time and place, but this sounds like a really big stretch.

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By the way, TTH, I'll admit I never heard of Terry before you dragged it in. Nice catch.

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Hi Roger

Since I am neither a cop or an attorney, I just wanted to point out what is the justification to be patted down or searched. Just the fact that azchristina90 is wearing a shirt or hat that depicts a drug isn't a reason to be searched or even patted down.

btw I owned a rat named Roger, so I smile every time I see your avatar Very Happy

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In todays environment ~ courts are gonna side with cops virtually all the time. They have always side with the cops the majority of the time, understandably.

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Roger Rat doesn't sound bad. When a2k first came into existance, I really though of using Reggovitch as a screen name. It just sounds so ratty.

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Re: Marijuana Legal Question

azchristina90 wrote:

Hi, I'm Christina Hopkins and I live in Chandler, AZ.

Just a quick question.

Does a cop have the right to search a person with a shirt or hat
(or any wearable accessory) with a marijuana leaf on it?

Counter-Hi, Christina !
I grew up in Phoenix, about half a century ago,
before returning to NY.

Was it a REAL marijuana leaf ?
If it were only a picture, and
if I were the judge, I 'd be unlikely to deem that shirt
( in and of itself ) sufficient probable cause,
and I 'd be likely to suppress and exclude from evidence
any contraband found under those circumstances.

Regardless of whether thay have the RIGHT,
thay have the power to accomplish the search;
I guess u found that out.

I consider that to be fundamentally unAmerican,
and against what the Founders intended.

David

PS:
Forgive my fonetic spelling.

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At any point in time for virtually any reason, a cop can ask you if he can search. If you say no and he wants to spend the time, this is now "probable cause" and he can get a warrant to do the search. Welcome to the world of "Catch 22"! As Roger said earlier, for his and the "public's safety", you can always be "patted down". And, you also must provide identification when asked.

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