[PT145SS]

Originally Posted by AdamZ

Pulling out the case law. I love it. For a terry frisk (as you said terry pat) I can only frisk down for weapons for my safety so if I felt a baggy in their pocket or anything I could only ask him what it is. He can say a bag of candy and that would be the end of it. Even if I was sure it was dope. Unless I saw him put it there then it's forbidden territory.

You are right with probable cause and reasonable belief. I need probably cause to search a vehicle. Even with reasonable belief I can not search anything. I can however frisk for weapons just for my safety with just reasonable belief.

You must have been an Ohio resident at some point or just did some research either way

Nope, never even been to Ohio. That being said Terry vs. Ohio is important to everyone in every state. I have not read Terry vs. Ohio in a very long time but I believe it also says that the LEO must be able to articulate reasonable belief. I'm not sure if I'm on that jury that I would be able to jump to the conclusion that they were smoking weed simply because they put on cologne/body spray. And it might not even hold up under the ordinary person test in regards to being able to articulate reasonable belief.

Now had it been said that "in my many , many years of on the street, it is fairly common that people use cologne/body spay for the sole purpose of cover up the smell of weed... blah blah blah, then maybe one can derive reasonable belief.