Pennsylvania Firearm Owners Association
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  1. #21
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    Default Re: New Court Opinion WILL affect Concealed Carry in Vehicles!!!!

    Quote Originally Posted by Tommahawk View Post
    Thats what I'm saying. People can dance around the entire issue stating that "Probable Cause" is still needed, but if a officer sees that you are speeding this can lead to "reasonable suspicion" that another crime may be taking place. Thus the warrantless search.

    People really need to understand how this works under the "new" warrantless entry into vehicles work. Just like the police have the option of turning off their microphones/cameras when speaking to someone. Very convienent for them.

    .
    Searches cannot be based on reasonable suspicion....ONLY upon probable cause.

    It's not new... it's been this way for year, just not everyone knew it to be so.

  2. #22
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    Default Re: New Court Opinion WILL affect Concealed Carry in Vehicles!!!!

    Maybe I'm not understanding everything here but, if the cops wanted to jack you up because they "smelled pot" in you're car during a traffic stop they could have done that pretty much just as easily before this ruling. The whole getting a warrant thing was not that difficult for them before and if they could not immediatly obtain a warrant they could just impound the car until they did. It isn't like the police just go away if they suspect you are hiding drugs in you're car and you refuse consent to search. The "I smell pot" excuse is nothing new for use in searching a vehicle either. It seems to me that they just made it a little less work for the police to search for illegal drugs or if they want to try some fishing expedition. It's not like they couldn't do this before the ruling.

  3. #23
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    Default Re: New Court Opinion WILL affect Concealed Carry in Vehicles!!!!

    Quote Originally Posted by R L Suehr View Post
    Maybe I'm not understanding everything here but, if the cops wanted to jack you up because they "smelled pot" in you're car during a traffic stop they could have done that pretty much just as easily before this ruling. The whole getting a warrant thing was not that difficult for them before and if they could not immediatly obtain a warrant they could just impound the car until they did. It isn't like the police just go away if they suspect you are hiding drugs in you're car and you refuse consent to search. The "I smell pot" excuse is nothing new for use in searching a vehicle either. It seems to me that they just made it a little less work for the police to search for illegal drugs or if they want to try some fishing expedition. It's not like they couldn't do this before the ruling.
    If an officer wanted to "jack you up" because they smelled pot, it was just as easy the day before the ruling as the day after. All he had to do was 1) Have probable cause. 2) Show that your car was mobile prior to stopping it. and 3) Show that he didn't have advanced knowledge that you were going to be driving along with evidence of a crime inside your car.

    It's been this way since the 80's when the Pa Supreme Court ruled it so in Comm v. Baker and again in Comm v. Luv.

    That's said... I would like to know if ANY of you have EVER been stopped and had the police search your car under the "false marijuana" pretense or is this just more hoopla. I don't want to hear about your kids or your friends or your buddy's uncle's niece..

  4. #24
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    Default Re: New Court Opinion WILL affect Concealed Carry in Vehicles!!!!

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
    The 4th amendment has been dead a long time before this ruling. The Judges who see expediency rather Constitutionality have seen to that. How can having your car searched without a warrant be possible if the Constitution still applied? It's like the words have never been written now.
    Last edited by JenniferG; May 1st, 2014 at 04:26 AM.
    Corruption is the default behavior of government officials. JPC

  5. #25
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    Default Re: New Court Opinion WILL affect Concealed Carry in Vehicles!!!!

    Quote Originally Posted by SteelCityK9Cop View Post
    That's said... I would like to know if ANY of you have EVER been stopped and had the police search your car under the "false marijuana" pretense or is this just more hoopla. I don't want to hear about your kids or your friends or your buddy's uncle's niece..
    I fully understand what you are saying here, and you are PROBABLY 100% correct in THIS foprum. The problem lies in that SO MANY of us have seen cops lie, lie on the witness stand, and basically trample our rights on the roadside, that y'all cannot win anymore. The 'good' cops have stood silent for so long while the 'horribly bad' cops pillaged and raped the public that you no longer have any credibility with us. NONE! That sucks, but it is the truth!

  6. #26
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    Default Re: New Court Opinion WILL affect Concealed Carry in Vehicles!!!!

    Quote Originally Posted by Manxdriver View Post
    I fully understand what you are saying here, and you are PROBABLY 100% correct in THIS foprum. The problem lies in that SO MANY of us have seen cops lie, lie on the witness stand, and basically trample our rights on the roadside, that y'all cannot win anymore. The 'good' cops have stood silent for so long while the 'horribly bad' cops pillaged and raped the public that you no longer have any credibility with us. NONE! That sucks, but it is the truth!
    I would accept that Manx if I heard just one time a bad guy say "I didn't do it"... but I never have. I'm not talking about differences in perception, I'm talking straight up framing. Yes I have seen some examples but I have never seen it in personally in years and years of sitting in court.

    I could just live in a bubble.

  7. #27
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    Default Re: New Court Opinion WILL affect Concealed Carry in Vehicles!!!!

    Quote Originally Posted by Manxdriver View Post
    OK, all together now, out loud, repeat after me: "I smell marijuana". ....
    That's said... I would like to know if ANY of you have EVER been stopped and had the police search your car under the "false marijuana" pretense or is this just more hoopla. I don't want to hear about your kids or your friends or your buddy's uncle's niece..
    This is nothing new, it's has been the MO of some law enforcement for 25 years.

    I was stopped and searched on a nice sunny afternoon in 1987 by a state trooper using that same excuse, and to this day I've never even smoked one cigarette. I guess the big sticker of the Rolling Stones lips on my rear window aroused suspicion! I hold no grudge though, I was junk a punk kid with a smart mouth at the time.
    Last edited by Jhaydeno; May 1st, 2014 at 07:10 AM.
    Resistance to tyrants is obedience to God.

  8. #28
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    Default Re: New Court Opinion WILL affect Concealed Carry in Vehicles!!!!

    Quote Originally Posted by Jhaydeno View Post
    I hold no grudge though, I was junk a punk kid with a smart mouth at the time.
    The police are trained to look for subtle clues, and like all human beings they have egos. If you look suspicious, mouth off, act disrespectful you will attract negative attention. It is just human nature. If you look clean cut, are polite, and respectful things usually go A LOT better.

  9. #29
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    Default Re: New Court Opinion WILL affect Concealed Carry in Vehicles!!!!

    Quote Originally Posted by SteelCityK9Cop View Post

    That's said... I would like to know if ANY of you have EVER been stopped and had the police search your car under the "false marijuana" pretense or is this just more hoopla. I don't want to hear about your kids or your friends or your buddy's uncle's niece..
    I never actually had my vehicle searched because of this claim, but at least (3) times I've had officers throw out the "Your vehicle smells like marijuana" just to see my reaction... They never completed the search because they were completely full of shit.

  10. #30
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    Default Re: New Court Opinion WILL affect Concealed Carry in Vehicles!!!!

    Quote Originally Posted by Pilot321 View Post
    The police are trained to look for subtle clues, and like all human beings they have egos. If you look suspicious, mouth off, act disrespectful you will attract negative attention. It is just human nature. If you look clean cut, are polite, and respectful things usually go A LOT better.
    Thanks, I know that now; it only took 20 years to learn!
    I was pretty clean cut, but my ego at the time was about as big as the troopers.
    And dad, once again you were right (RIP).
    Resistance to tyrants is obedience to God.

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