Incident Report

So, I missed September's post but it's October 1st, close enough.  I'm going to update on an incident that occurred on September 4th, 2011.  It was a quiet Sunday, no one around, when I walked outside from my house to my car. There was a scent in the air, the scent of marijuana. Whether it was coming from me is besides the point and will not be pointed out here due to refusing to self incriminate myself.  It could not have been more than five minutes from lingering on my porch to getting in my car and sitting there for a minute.  During that five minutes, I lit up on my porch and sat there a few minutes and finished it in my car, I think it was a cigarette, I think. It could have been a Bidi.  I sat in my car for a minute, by the time I started my engine I see flashing lights behind me, guess who it is.  Within thirty seconds I have one police officer on my left and another officer telling me to lower my back window on my right passenger side.  I guess someone was around because the driver's side officer tells me someone reported it.

The police officer on my driver's side window on my left does not ask me for my license or registration, he just tells me to turn off the engine and to exit the car.  He then ask me for my license when I am out of the car.  I did not know at the time, but I am reading different statements that I have the right to not leave my car.  But I am also reading that if an officer has suspicion of an illegal activity he does have that right to ask to exit the vehicle, that is if the officer sees an illegal item in your car out in the open, but the scent of marijuana?  But who's to say it's from my car?  None the less, I exited the vehicle and they pat me down.  We are now standing on the back of my car and in front of the police car.  While I am being asked questions by the officer on my driver's side door, the officer that was on my passenger side who asked me to lower my back window is now searching my car, which she leaves a mess.  I was not prepared for any of this, this incident was the first time of this occurrence, but I was not nervous or scared, I just hoped they didn't arrest me.  I answer the questions that the officer asks me.  I know I have the right not to answer, "the right to remain silent".  He asks me questions like do I live alone or do I have any outstanding warrants against me. I answer his questions and she's done searching my car.  They go to the computer in their car, do a little search on my records and let me go.  The final comment from the officer on my driver's side who was questioning me said: "Go home and do it on your own time".  I drove off and got some food.  After the incident: The question that come into mind is the search legal?

www.Legalzoom.com points out that yes, even though I read from other sources that it should not be, it was a legal search.  I did notate the Precinct, Plate Numbers and Name of the officers stopping me.  It is warranted as a legal search because the car does not require a search warrant.  If the officer has a suspicion of illegal activity, they can.  I guess even the scent of an illegal substance.

In Sturgis, South Dakota there is an annual event where thousands, and I don't mean one or two thousand, of motorcycle enthusiast and fanatics come to gather.  It's a big event that bring all types.  The other day they were showing a television show of how police officers handle and keep the peace during this huge event, they needed to recruit additional police personnel from outside departments.  At random check points, a handful of these officers were questioning this driver at random.  It showed that there was no smell, no open narcotics in plain sight, they just decided to pull him over and do a search.  They do find marijuana in the car and they arrest him.  Is this legal?  It was depicted on television.

On September 23rd, 2011, an article by the news network NY1, written by Tetiana Anderson writes:

In response to strong criticism, Police Commissioner Ray Kelly issued an internal order Friday reiterating NYPD policy that an arrest shouldn't be executed if a person has a small amount of marijuana out of public view. NY1’s Tetiana Anderson filed the following report."

Amid complaints about improper arrests, the New York City Police Department is getting a fresh reminder on an old directive. Commissioner Ray Kelly told the city's nearly 35,000 officers that reading people their rights for possessing small amounts of marijuana is a no-no.

"Eight people out of ten probably have weed in their pockets, but it doesn't mean they're criminals. Newports, they're legal, but it's still a drug," says one New Yorker.

"Since 1994, NYPD has enacted stop and frisk practices,” said Cassandra Frederique of the Drug Policy Alliance. “One of the collateral consequences of that have been these marijuana arrests. Last year, there were over 50,000 arrests and most of them were, 84 percent were black and Latino. Seventy percent were under the age of 30."

Kelly reiterated existing department policy, saying officers should actually be issuing tickets for holding small amounts of marijuana that is not in public view.

The move comes after growing criticism of the NYPD from civil liberties and drug policy watchdog groups.

"We at the Drug Policy Alliance are really happy with the commissioner taking this step and asking his police force to follow the original intent of the law,” said Frederique.

And if they do, critics of the NYPD say it could result in tens of thousands fewer marijuana arrests annually, saving the city millions.

In a statement, City Councilman Peter Vallone Jr., the chairman of the city's council on public safety committee said, "Commissioner Kelly's order strikes the proper balance between enforcing the law as passed by the legislature and allowing proper discretion."

Not everyone believes the directive will work.

"That's good, but they're still going to arrest people, ‘cause that's cops. They're gonna do what they do,” said one New Yorker.

The law says possessing 25 grams or less of pot is a non-criminal violation punishable by a fine, but smoking the drug in public or having it visible remains a crime."

Know the law, especially if you tread on it.

-Most important lesson: If there is the scent of marijuana in the air, don't smoke anything, like a cigarette or a bidi in your car or outside.  If you have any or over 25 grams in your house and plan to smoke it, don't smoke it in your house, any scent coming from your house and the neighbors report it can lead to a search.  Over 25 grams will get you jail time.

-Home searches require a search warrant but based on any police suspicion car searches do not require a search warrant.  If you're walking and the police suspect you, based on appearance, your look, or fishy activity it's enough for them to "suspect" and stop, then give you a pat down, which the court determines as not a search. A non-violation of the 4th Amendment which safe guards against unreasonable search and seizure, which is very court defined but when there is a uniform with a gun aggressively by active or verbal force demanding or insisting you to do something, you can plead law but a gun or abuse is in your face is another story.

What about those innocent or the low level marijuana users who use it for recreational purposes. What about the people that use it just to relax or use it to relieve pain.  I was not arrested but I could have been if the officers stopping me had fount even a little bit of marijuana.  I am not a criminal.  I am not drug dealer.  I don't steal.  I have family.  I work my 40 hours a week.  I pay my taxes to feed your police salary.

Fuck off my Freedom.