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Old 12-23-2009, 08:19 PM
 
Location: NC
4,532 posts, read 8,853,958 times
Reputation: 4754

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Quote:
Originally Posted by CYB View Post
In our legal system one is presumed innocent. It isn't an abdication of personal responsibility to stand on one's constitutional rights!!!
Yup, I am well aware that the US legal system, like the British system, presumes innocence in the context of a criminal trial until proven guilty.

Re: personal responsibility. You took my comments about being indignant and proving innocence, out of context - I was replying to a question posed to me. If you start at the beginning of the thread you'll see I simply started it with a link for the op as it appeared he couldn't find the info he needed.

To set the record straight and make this my last post on this (dear God) never-ending mind numbing thread, here goes. The Op said his music was too loud - now read my first post................ this is what I mean by personal responsibility. If you play your music loud, then it might draw attention to you! The same as if you are driving erratically, get pulled over, and you have drugs in your car; guess what, you brought it on yourself by your driving and, decision to carry drugs with you - don't blame anyone but yourself - aka personal responsibility!

It is clear that folks are willing to give the OP the benefit of the doubt, yet won't give the cop that same benefit.

I didn't appoint myself defender of cops; I just shared my perspective to illustrate there is another side to them that what is contained in the posts, and the myths that some ppl ascribe to. It just seems very unbalanced here.

Ironically, the OP thinks it's humorous that some of the responses, no doubt mine now that they've gone off track, are discussing issue surrounding his post RATHER than the specifics of his post. The way he stated this, appears to be from an individual who has not yet matured. Therefore, I suspect there is more to this story than we are aware of. Maybe it involves his neighbor or other things...who knows?

Now, I have Christmas to enjoy, no more of this
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Old 12-23-2009, 08:24 PM
 
17,825 posts, read 15,478,142 times
Reputation: 26579
No one here (unless they're an attorney) is able to determine if there was probable cause or not. And even the attorneys would have to know the whole story to come to such an opinion. So all that's left is the mosh pit of opinions which don't really answer the O.P.'s question because...this is not a legal forum filled with lawyers! Got a legal question involving your constitutional rights? Talk to a lawyer! That's the only way you will find out for sure.
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Old 12-25-2009, 09:56 PM
 
Location: Winston-Salem, NC
321 posts, read 531,162 times
Reputation: 205
Washington State says the smell of pot is not probable cause. Florida says it is, if the officer is "trained" to smell it. Defense in Florida typically goes after the officer's training, which is typically zero. YMMV for NC. You can find out these sorts of things by Googling. Saying we can't conclude it unless we are lawyers is not always true, as the info is often out there in a publicly available form.

Last edited by Green Irish Eyes; 12-25-2009 at 10:17 PM..
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