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by oh_sigh
4080 days ago
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I'm guessing that your views prevent you from seeing this situation for what it was. No one was being violently arrested for having a broken light. They were arrested because they refused to step out of the car, and put up a fight when the officer tried to get them to come out of the car. The officer claimed to have smelled marijuana, and so had probable cause to ask the person to step out of the car and perform a search. The driver of the car was previously arrested for marijuana possession, so perhaps it was possible that the officer was telling the truth, and did smell marijuana? You may disagree with marijuana prohibition (I do), and the idea that a smell implies probable cause, but that is the law as it is today. You don't have a right to refuse that, or demand that the officer must wait until your mother shows up. Even so, we have no idea how long it would take the mother to show up. How long should an officer wait before being allowed to ask a 17 year old to step out of a car for probable cause? |
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Any officer can make that claim, its a BS claim that is used to justify aggressive force and to try to trip up a suspect into doing something stupid that would warrant further application of force. And that is precisely what happened here.
> perhaps it was possible that the officer was telling the truth, and did smell marijuana?
Innocent until proven guilty. Lots of things smell like marijuana. Hot rubber tires can sometimes give off a similar odor. Maybe it was some other car that drove by, and the officers were being prejudiced because they recognized her from a previous arrest? We can play the 'maybe' game an infinite number of ways - its up to the officers, who are using force, to justify that force.
>How long should an officer wait before being allowed to ask a 17 year old to step out of a car for probable cause?
You have a right to stay in the car until the officer determines probable cause. The smell of marijuana is a tactic used by police to try to upset you and provoke you into doing something that might give them probably cause to arrest you. These people had every right to stay in the car, ask if they were being detained and if they were free to go. The police used the threat of arrest to induce conditions that allowed them to use force - and this is, unfortunately, such a common form of social engineering by the police that people have just come to accept complacency as the only possible 'correct' response.
Stand your ground and know your rights. They're only trying to provoke you into doing something they can then use to justify their force. Know these phrases and use them well:
“AM I FREE TO GO?”
“I DO NOT CONSENT TO ANY SEARCHES,”
“I WANT TO REMAIN SILENT,”
“I WANT A LAWYER.”