Life in the fast lane: Kareem Hunt!

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bronko

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Police are still doing it, and motions to suppress based on odor of marijuana are still routinely rejected by courts in Ohio. That may well change if recreational marijuana is ever legalized, but until then, that case is good law.

If you've got a case that says otherwise, I'd be happy to read it.
An article describing changing case law.
 
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Lee

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An article describing changing case law.
From a legal stand point, the I smell weed and search has always been bullshit. You cant prove the cop didn't smell weed so really they could search at any time. I am glad the standard is starting to change.

As for Hunt, this is being blown out of proportion. There is no reason to keep a car in his mom's name, he isn't avoiding any lawsuits, so clearly it isn't his car and they didn't find it on him, just in the car that the brother actually probably used.

Lets not jump to conclusions, even though its all bullshit since weed is legal now in 33 states and a great and safe drug for pain, yet the NFL still acts like smoking weed is as bad as doing crack or hitting women.
 

Man Called X

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Police are still doing it, and motions to suppress based on odor of marijuana are still routinely rejected by courts in Ohio. That may well change if recreational marijuana is ever legalized, but until then, that case is good law.

If you've got a case that says otherwise, I'd be happy to read it.
I'd love to see a few of these routinely rejected cases that have been ruled upon since medicinal legalization in Ohio has took effect. Most of these changes in case law in other states have only been recently happening. Police in my area absolutely love to use the "smell marijuana" crap for illegal searches and even they are being told to cut down on it because they don't want to deal with the possibility of extended court cases.
 

The Human Q-Tip

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Keep in mind that cops can and do say this even if it isn't true.
Absolutely true. But then, that's true whether pot is legal or not, and the Supreme Court did not consider that a sufficient justification to invalidate searches based on smell alone. Btw, if the law assumed that police officers were generally not trustworthy, and should be presumed to have lied, then obtaining warrants at all would be just about impossible.
 
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The Human Q-Tip

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An article describing changing case law.
Where's the changed case in Ohio?

ETA: If you guys want to assume that the law in Ohio really has changed even through recreational use is still illegal, and smelling pot is no longer justification for a search, feel free. Just...good luck at your suppression hearing, because courts tend to assign more weight to opinion of the Ohio Supreme Court as opposed to opinions on RCF. The Eighth Appellate District, which is the court of appeals covering Cuyahoga County where Hunt was arrested, has upheld "odor of marijuana" searches even after medical legalization.
 
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King Stannis

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He's "emphatic" that it wasn't his marijuana. But...the "odor of marijuana coming from inside the car" part of the police report is the part that may end up being the problem.
Could just be dank.
 

The Human Q-Tip

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Mr. Orange

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Absolutely true. But then, that's true whether pot is legal or not, and the Supreme Court did not consider that a sufficient justification to invalidate searches based on smell alone. Btw, if the law assumed that police officers were generally not trustworthy, and should be presumed to have lied, then obtaining warrants at all would be just about impossible.
I am just less inclined to believe Police these days. They really have a long way to go to rehab their image as trustworthy public servants. Too much dirt out there. It's really too bad that it has come to this. Maybe a few bad apples spoiling the bunch.
 

The Human Q-Tip

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I am just less inclined to believe Police these days. They really have a long way to go to rehab their image as trustworthy public servants. Too much dirt out there. It's really too bad that it has come to this. Maybe a few bad apples spoiling the bunch.
I'm not arguing whether they should be believed one way or the other. I'm simply pointing at the basic legal presumption.
 

Man Called X

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Where's the changed case in Ohio?

ETA: If you guys want to assume that the law in Ohio really has changed even through recreational use is still illegal, and smelling pot is no longer justification for a search, feel free. Just...good luck at your suppression hearing, because courts tend to assign more weight to opinion of the Ohio Supreme Court as opposed to opinions on RCF. The Eighth Appellate District, which is the court of appeals covering Cuyahoga County where Hunt was arrested, has upheld "odor of marijuana" searches even after medical legalization.
I am legitimately curious to see this being upheld in 2019 as I can't find anything past 2018 in that regard. And while there may not be precedent set in the Ohio Supreme Court, don't dismiss the fact that in many Ohio cities, officers are being told to find other reasons for PC searches because they are expecting similar rulings to come down in Ohio.
 

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