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Old 07-14-2012, 10:51 AM   #155
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Pulling out the case law. I love it. For a terry frisk (or as you said terry pat) I can only frisk 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.
Have you heard of the "plain feel" doctrine? If the item in the pocket is immediately recognized as weed, crack etc due to you extensive experience, you can seize it. It can't be manipulated, squeezed etc, it has to be immediately apparent.

Back to the original post. What exactly did you charge them with? Admitting to smoking weed previously? Did they ever hand you over the weed or did you just charge them because you "knew" they smoked it at some point prior to coming back into the office? Either you are leaving out some facts or you made a bad arrest.
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Old 07-14-2012, 11:01 AM   #156
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Back to the original post. What exactly did you charge them with? Admitting to smoking weed previously? Did they ever hand you over the weed or did you just charge them because you "knew" they smoked it at some point prior to coming back into the office? Either you are leaving out some facts or you made a bad arrest.
He said they admitted to smoking weed, he asked them to hand it over and they did, and he gave them tickets for minor misdemeanor drug possession. I don't know how it works in all states, but it seems that ticket varies from state to state. In Wisconsin, it varies by county. Unless it has changed, all counties there give misdemeanor except for one, which still gives a felony charge.
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Old 07-14-2012, 11:06 AM   #157
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I do find it odd that the only thing we seem to be discussing is the results of it's effect on driving. I'd be curious to know too... Lots (not all) smokers are used to smoking weed that's been "doctored" with another drug. If it were to be legal, do you think they would buy the legal stuff, and then doctor it illegally? Not a trick question, just curious.
First, I've never knowingly smoked pot that has been doctored...nor would I ever seek it out. Do people do it? I'm sure...but they probably do those other drugs anyways.

Once I bought some pot that had to have been laced with something when I was in High School. All 4 of us that had done it ended up with very visible symptoms such as sweating, and very vivid hallucinations. Not like you would ever get smoking pot by itself. We were drug tested, and opiates as well as marijuana were found.

I'd rather have it legalized so that you could buy marijuana cigarettes just the same way you do tobacco. With dispensaries now and possible legalization, you get quality of product which would be far more important than what someone does after they buy it.

There are ways to mix pills with alcohol...people are going to do it with legal and illegal drugs.
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Old 07-14-2012, 05:50 PM   #158
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The op did not produce evidence to that statement. Nowhere in in any of his posts did he state that the users where on government property while consuming. If you care to revisit his initial posting he states that they left the building for 20 minutes. Who is to say that they didn't drive to the gas station and blaze one on the road?

When you ASSUME you make an ASS out of U and ME. Remove preconception and prejudice from reasoning, view situations as they plainly exist, consider facts as they stand, investigate and cross reference to validate or disprove.
Well, technically, if they were not inside the police station, then they were indeed outside the police station. I never mentioned how far outside the police station

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Old 07-14-2012, 06:29 PM   #159
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Wow...how stupid are people?
The problem is you now stubbed 3 folks who have access to the police department. In exchange for giving them citations, they will
will take a leak on your desk.
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Old 07-14-2012, 08:20 PM   #160
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He said they admitted to smoking weed, he asked them to hand it over and they did, and he gave them tickets for minor misdemeanor drug possession. I don't know how it works in all states, but it seems that ticket varies from state to state. In Wisconsin, it varies by county. Unless it has changed, all counties there give misdemeanor except for one, which still gives a felony charge.
I could be wrong but I don't recall seeing where they actually handed over the weed.
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Old 07-14-2012, 10:48 PM   #161
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Old 07-15-2012, 11:49 AM   #162
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'

Minor misdemeanor drug possession. I told them to bring me the weed which they did. So I had the evidence.
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I could be wrong but I don't recall seeing where they actually handed over the weed.
There. Was on page two
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Old 07-20-2012, 01:08 AM   #163
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Well, technically, if they were not inside the police station, then they were indeed outside the police station. I never mentioned how far outside the police station

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Old 07-20-2012, 01:24 AM   #164
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Have you heard of the "plain feel" doctrine? If the item in the pocket is immediately recognized as weed, crack etc due to you extensive experience, you can seize it. It can't be manipulated, squeezed etc, it has to be immediately apparent.
I've never heard that. That's definitely not what I learned in the academy. We are only allowed to frisk for weapons.
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Old 07-20-2012, 08:13 AM   #165
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You will always be the ass.
You do realize the mods deleted your post the first time for a reason, right?
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