Quote:
Originally Posted by PT145SS
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.
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Yup that last bit will work. Unfortunately, I've only been on for 7 months now...so I can't use that defense yet. I didn't need any type of reasonable belief or probable cause for this. I just got them to admit it lol. If they would have denied it then I would have let them go on with their work. If they didn't show signs of use. I also could see the bloodshot eyes and they had a tad of slowed speech. I am sure if I would have checked their eyes I could have got them on vertical nystagmus also. It was all quite obvious lol. It wasn't just the body spray. That just made a better, funnier story lol.