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Description
Submit a one-page paper and answer whether you believe the vehicle or
consent search was justified or not. Support your answer.
Vehicle
Search
Marijuana is among
the illegal drugs in most parts of the world. An individual caught in
possession or using cannabis is liable for prosecution and charged in a law
court. Most cannabis users consume it privately, while others smoke it in their
houses or even inside private cars. Police officers can identify cars carrying
cannabis since it has a strong scent. Different legal minds in the United
States and other parts of the world have had a tough debate on whether it is
justified for police officers to search a car and arrest the owner without a
search warrant alleging that the vehicle smells bhang. This research paper
would maintain that it is unjustified for a police officer to perform a
warrantless vehicle search because it is smelling bhang.
It is unjustified
for police officers to search individuals' vehicles without search warrants because
they are only allowed to perform a warrantless search in the event of exigent
circumstances. These situations require a swift response since if they happen
to delay, the event can harm the person involved or the general public. Hence
police should respond very fast to deter imminent danger to life or property. Therefore,
police officers cannot just bust into someone's car and search because it smells
marijuana. When police suspect bhang in an individual's car through smell, they
should obtain a search warrant before performing the actual search. Because
marijuana is not life-threatening like the smell of manufacturing meth can blow
up and cause death. In meth, police officers can search the premises without a
search warrant and prevent it from exploding.
It is also
unlawful for police officers to search a vehicle because some states of America
have lawfully allowed people to possess and consume marijuana not exceeding a
certain quantity. There are slight changes in the legal system after the
legalization and decriminalization of some initially illegal drugs. Following
Cannabis legalization for use in several states in the US, the odor cannot
substantiate warrantless car search. Individuals in bhang decriminalized states
are allowed to use bhang for its medicinal value. A couple of high courts in
the United States, including Vermont and Massachusetts Supreme courts, ruled
decriminalization policy means that the possession of cannabis is a civil
infraction, making its odor an insufficient basis for police officers to
believe that a crime is being committed.
However, to some extent is justified for police officers...