h a l f b a k e r yPoof of concept
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If you had an air freshener in your vehicle that had similar smells to marijuana, if a cop indeed uses the "smell" probable cause, if you are found to have possession, you may be able to use the air freshener as an item to reverse the case. Might need a good lawyer.
Air Freshener
http://jakechristie...na-scented-air.html
Stupid Idea [leif980, Mar 06 2009]
pot leaf air freshener
http://www.stickerg...eshener_raf230.html
don't know what it smells like, but if a cop sees it hanging in your car, he might search you. [jaksplat, Mar 08 2009]
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This was my idea, I decided to google the words, thats what I found. But it is not used as a product for defense in court, the air freshener can be the explanation for why the cop "mistakenly" smelled marijuana. |
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Someone who liked the smell of marijuana enough to purchase an air freshener that reproduced the scent would be more likely to actually have marijuana on their person that someone who didn't, surely?
Certainly enough to be "reasonable cause" for a proper search. |
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I used to know someone from many years ago who would drive his car after drinking, and was convinced that if he drove around with an open can of beer (swigging from it occasionally) he'd be immune from prosecution because any breath-test would be invalidated by the fact that he'd literally just had a swig of beer!
This idea reminds me of that guy. |
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The best way to avoid being found in possession, is not to be in possession - it's almost fool-proof. |
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21, you do know how to mark things correctly, I think you do. So why don't you? Only god knows. |
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[-] So let me make sure that I understand this- Your defense would be that even though you were breaking the law, the cop mistakenly thought that you were breaking the law based on something that was not illegal. That's like saying the man had hot sauce on his shirt so he should not have been investigated for murder even though there was a body in his apartment. |
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Yeah wrongfull entry and the obtained evidence is out. It does say it needs a good lawyer. |
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The officer is not required to get results from the search. If
an officer has probable cause, performs a search, and finds
something nothing can "invalidate" the probable cause. If a
significantly large number of cars without anything illegal in
them started driving around with this, a number of law suits
and several years in the legal system it might be sufficient to
remove the scent from the list of probable causes, although I
wouldn't bet on it. |
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[admin: I'm ignoring the MFD, since the author did not, in fact, intend to promote someone else's link; nor is the link for the same product. If you removed it, that would help reduce confusion. Thanks!] |
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heheh "Sir your 'air-freshener' is still burning in the ashtray, come with us please" |
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