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Originally Posted by Al Swearengen
Well see thats the thing. If a pothead walks up to a cop reekin of weed and admits to usin it, the cop then has somethin called "probable cause", and once he has that, he (the cop) is then free to take any number of actions that could ultimately lead to an arrest for somethin MUCH more substantial than public intoxication. Maybe said pothead has some rollin papers in his wallet, or a pipe (possession of paraphenalia). This is why ya dont see too many stoners strollin up to the nearest cop to tell him all about the wicked **** he just smoked.
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"Forgetting" you have paraphernalia on you is not the same as NOT having paraphernalia on you.
My contention is that "smoking" is not illegal, not that possession of paraphernalia
is legal. Obviously being stupid in front of a cop constitutes reasonable suspicion. The purpose of the example was to show that even extreme situations won't result in a drug arrest without physical drug evidence.