March 11, 2007

A warrantless search based on the smell of marijuana?

Well, it ≈ imminent destruction of evidence. The Utah Supreme Court said no.

IN THE COMMENTS: Sippican sez "Dave's not here." And -- thanks to Google -- I get it.


SippicanCottage said...
This comment has been removed by the author.
Bruce Hayden said...

The C&C "Dave's Not Here" stuff is still funny for some of us 35 years down the road. One of my friends, who has the apprpriate name, still gets this line all these years later when he introduces himself on the phone.

Not of course that we were ever like that. But we all knew plenty of people who were, who went through college in a well stoned haze.

Bruce Hayden said...

Another problem that I see is that if pot had been smoked there in the fairly recent past, the smell has a tendency to linger. Were they smoking just then? Or was it a couple of hours before?

I don't know the laws in Utah (I was never admitted to the bar there), but in many states possession of a small amount of pot is not a felony. And in those cases, if they flushed it, BFD.

I do find it interesting that a state that is as straight as Utah concerning any intoxicants, has a high court willing to side with civil liberties here.

NSC said...

I skipped my senior prom to go to a C & C concert. I cherish the memory of that night, what little I have of it anyway, as much as any teen girl cherishes her senior prom night.

BTW, my first name is Dave.

Mike said...

I've always wanted to ask the test question, "How many joints are in a lid"?, just to see how many got it. My guess is zero.

TMink said...

The story reminds me of the guy who insured some expensive cigars then filed an insurance claim that they had been lost in a series of small fires.

The insurance company paid his claim, then charged him with arson.


Joseph Hovsep said...

You'd have to be really stoned to think that burning marijuana is a reasonable way to destroy evidence of its use or possession. Perhaps the dissent had partaken?

David53 said...

"How many joints are in a lid?"

Do they still use the terms joint and lid?

David53 said...

I don't get it. Dave's not here.

JorgXMcKie said...

The 'John LaRouquette Show" had some very funny moments, but possibly the funniest was at an AA meeting, when a guy stood up and introduced himself. (Of course, it helps to know that the participants had been unknowingly partaking of some 'hash brownies' or the equivalent.)

He stood up and said, "My name's Dave ..." and before he could add, "and I'm an alcoholic" everyone in the place shouted, "Dave's not here, man!"

I like to busted a gut.

Peter Palladas said...

C&C are not good people. They are bad, bad people.

A part of their routine was to ask if anyone out there was stoned. Then they'd cheer and whoop with glee when 98% of the audience applauds wildy.

Then they'd ask if anyone (the remaining silent 2%) was tripping - three second pause then let rip a terrible banshee noise, with hellish howls and rasping, ripping feedback.

Seriously scary sh1t when you're eight miles high and climbing.

Happened to my mate Mark in '74. He lifted ten feet off the ground, screamed and ran off into the crowd.

Never did really recover. Last thing I heard he'd become a hermit in Wales. Lived mostly in a tree. Said the ground hurt his soul.

The power of performance art eh?

Ben Masel said...

Utah Possession:
Less than 1 oz, misdemeanor, 6 months $1,000
1 oz to 1 lb, misdemeanor, 1 year $2,500

hdhouse said...

I have this mental picture of a couple police officers sniffing at the crack of a trailer door....finding drugs, guns and incidentally 3 people....

stop i say in the name of the queen. ohhhh nell. step back there you cur......drat you do-right.

Bruce Hayden said...

I can definately see how the C&C stuff could freak out someone tripping. Nevertheless, it still seemed to make it into the common consciousness of many of the Woodstock generationi and a little beyond. I should add that I doubt that the guy we still do the "Dave's not here" thing to was ever stoned hearing it. Didn't matter. There were enough stoned people around that even those who never got high, understood it.

You still see Cheech showing up in various places on TV and in movies. I esp. enjoyed him as Nash Bridges' sidekick. But the fact that he can still be operating at the level he is makes me question how much of the drug stuff was really just part of the act.