Author Topic: Safariland and meth donuts  (Read 5739 times)

T.O.M.

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Re: Safariland and meth donuts
« Reply #25 on: November 03, 2016, 09:17:49 PM »
There are several ways for an LEO to legally search a vehicle..
1.  WIth consent
2.  With a warrant
3.  Without a warrant,  but with probable cause prior to the search starting
4.  An inventory search of a vehicle being lawfully impounded.

Now, I can't think of a scenario where a cop would get suspected drugs to field test from a car without having already initiated a search.  Now, bend the OP story a bit.  Cop standing at the door of the car, sees this flake on the floor.  If the nature of the flake as cntrbnd is immediately obvious, the officer could seize the flake.  He could then do the field test, get a positive result, and use that as probable cause to conduct a search.  IN my opinion, this scenario won't have an issue at the field test, but rather when the officer tries to explain how a little hunk of crap on the floormat of a car was immediately obvious as contraband allowing its seizure.  I'd love listening to that testimony.
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MechAg94

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Re: Safariland and meth donuts
« Reply #26 on: November 03, 2016, 09:30:26 PM »
There are several ways for an LEO to legally search a vehicle..
1.  WIth consent
2.  With a warrant
3.  Without a warrant,  but with probable cause prior to the search starting
4.  An inventory search of a vehicle being lawfully impounded.

Now, I can't think of a scenario where a cop would get suspected drugs to field test from a car without having already initiated a search.  Now, bend the OP story a bit.  Cop standing at the door of the car, sees this flake on the floor.  If the nature of the flake as cntrbnd is immediately obvious, the officer could seize the flake.  He could then do the field test, get a positive result, and use that as probable cause to conduct a search.  IN my opinion, this scenario won't have an issue at the field test, but rather when the officer tries to explain how a little hunk of crap on the floormat of a car was immediately obvious as contraband allowing its seizure.  I'd love listening to that testimony.

Nice to know there are judges like you out there.
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RoadKingLarry

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Re: Safariland and meth donuts
« Reply #27 on: November 03, 2016, 09:37:37 PM »
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3.  Without a warrant,  but with probable cause prior to the search starting

Of course refusing to give permission to search is never, ever, ever deemed to be probable cause for a search.
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K Frame

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Re: Safariland and meth donuts
« Reply #28 on: November 04, 2016, 05:55:03 AM »
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If you have valid prescriptions for all of those drugs, then your possession isn't illegal.  And, any drug test performed on you would also be pretty useless because of those prescriptions.

In 1998 I tore some cartilage in my ribs golfing. It made sleeping nearly impossible, so I went to the doc and got a prescription for Tylenol 3 with codeine.

A few days later I got confirmation that a company I interviewed with was making me an offer (company I'm still with today), and that I needed to go for a drug test.

I freaked out. I was sure, even with the prescription, that I was going to be debarred from the job.

I took the bottle with me to the testing center and explained what was going on. They took the information off the bottle -- Rx number, doctor, etc. -- I took the test, and it was all fine. I started a few weeks later.

I still laugh about that.
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HeroHog

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Re: Safariland and meth donuts
« Reply #29 on: November 04, 2016, 10:42:32 AM »
Quote
If you have valid prescriptions for all of those drugs, then your possession isn't illegal.  And, any drug test performed on you would also be pretty useless because of those prescriptions.

This is why my Hydrocodone bottle goes wherever I do as does my VA med print-out. I don't carry any other non-OTC meds with me but there are usually some IN me so I am always cautious. Bringing  ALL my med bottles/Rx's everywhere is quite impractical as you can see:

I might not last very long or be very effective but I'll be a real pain in the ass for a minute!
MOLON LABE!