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	<title>Comments on: Anybody Smell Weed?</title>
	<atom:link href="http://www.theagitator.com/2011/05/17/anybody-smell-weed/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.theagitator.com/2011/05/17/anybody-smell-weed/</link>
	<description>It rankles me when somebody tries to tell somebody what to do.</description>
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	<item>
		<title>By: Hacha Cha</title>
		<link>http://www.theagitator.com/2011/05/17/anybody-smell-weed/comment-page-1/#comment-1016384</link>
		<dc:creator>Hacha Cha</dc:creator>
		<pubDate>Wed, 18 May 2011 20:45:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=20637#comment-1016384</guid>
		<description><![CDATA[Except in MA? Doesn&#039;t this directly conflict with the recent MA Supreme Court ruling? Does it invalidate the MA supreme court ruling?]]></description>
		<content:encoded><![CDATA[<p>Except in MA? Doesn&#8217;t this directly conflict with the recent MA Supreme Court ruling? Does it invalidate the MA supreme court ruling?</p>
]]></content:encoded>
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	<item>
		<title>By: Toastrider</title>
		<link>http://www.theagitator.com/2011/05/17/anybody-smell-weed/comment-page-1/#comment-1012210</link>
		<dc:creator>Toastrider</dc:creator>
		<pubDate>Wed, 18 May 2011 02:44:52 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=20637#comment-1012210</guid>
		<description><![CDATA[It&#039;s not weed.

It&#039;s cordite.]]></description>
		<content:encoded><![CDATA[<p>It&#8217;s not weed.</p>
<p>It&#8217;s cordite.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: JS</title>
		<link>http://www.theagitator.com/2011/05/17/anybody-smell-weed/comment-page-1/#comment-1011442</link>
		<dc:creator>JS</dc:creator>
		<pubDate>Tue, 17 May 2011 22:19:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=20637#comment-1011442</guid>
		<description><![CDATA[If you&#039;re gonna do a formal goodbye you could at least post a pic of yourself, preferably at the beach!]]></description>
		<content:encoded><![CDATA[<p>If you&#8217;re gonna do a formal goodbye you could at least post a pic of yourself, preferably at the beach!</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Invisible Finger</title>
		<link>http://www.theagitator.com/2011/05/17/anybody-smell-weed/comment-page-1/#comment-1011353</link>
		<dc:creator>Invisible Finger</dc:creator>
		<pubDate>Tue, 17 May 2011 21:49:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=20637#comment-1011353</guid>
		<description><![CDATA[The bad news is the police are going to suddenly develop the olfactory sense of a dog.

The good news is they always shoot the dog or anything that smells like one.]]></description>
		<content:encoded><![CDATA[<p>The bad news is the police are going to suddenly develop the olfactory sense of a dog.</p>
<p>The good news is they always shoot the dog or anything that smells like one.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Salt</title>
		<link>http://www.theagitator.com/2011/05/17/anybody-smell-weed/comment-page-1/#comment-1011175</link>
		<dc:creator>Salt</dc:creator>
		<pubDate>Tue, 17 May 2011 20:48:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=20637#comment-1011175</guid>
		<description><![CDATA[The sound of a flushing toilet - sounds like an entrepreneurial opportunity for toilet mufflers.]]></description>
		<content:encoded><![CDATA[<p>The sound of a flushing toilet &#8211; sounds like an entrepreneurial opportunity for toilet mufflers.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: fwb</title>
		<link>http://www.theagitator.com/2011/05/17/anybody-smell-weed/comment-page-1/#comment-1011096</link>
		<dc:creator>fwb</dc:creator>
		<pubDate>Tue, 17 May 2011 20:24:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=20637#comment-1011096</guid>
		<description><![CDATA[I heard him taking a dump and burst through the door.  God it stunk in there!]]></description>
		<content:encoded><![CDATA[<p>I heard him taking a dump and burst through the door.  God it stunk in there!</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Marc</title>
		<link>http://www.theagitator.com/2011/05/17/anybody-smell-weed/comment-page-1/#comment-1011049</link>
		<dc:creator>Marc</dc:creator>
		<pubDate>Tue, 17 May 2011 20:08:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=20637#comment-1011049</guid>
		<description><![CDATA[Why not just take the dogs around?]]></description>
		<content:encoded><![CDATA[<p>Why not just take the dogs around?</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Joe</title>
		<link>http://www.theagitator.com/2011/05/17/anybody-smell-weed/comment-page-1/#comment-1011046</link>
		<dc:creator>Joe</dc:creator>
		<pubDate>Tue, 17 May 2011 20:07:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=20637#comment-1011046</guid>
		<description><![CDATA[The scary part is McGruff the Crime Dog can smell weed from like, 500 yards.  

And the SWAT snipers have a range even farther (and if someone gets in the way, meh, collateral damage).  At least we stopped those kids from smokin pot!  

The 4th Amendment used to mean something and it has been erroded to nothing.  And that is not a good thing.]]></description>
		<content:encoded><![CDATA[<p>The scary part is McGruff the Crime Dog can smell weed from like, 500 yards.  </p>
<p>And the SWAT snipers have a range even farther (and if someone gets in the way, meh, collateral damage).  At least we stopped those kids from smokin pot!  </p>
<p>The 4th Amendment used to mean something and it has been erroded to nothing.  And that is not a good thing.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Andrew S.</title>
		<link>http://www.theagitator.com/2011/05/17/anybody-smell-weed/comment-page-1/#comment-1010792</link>
		<dc:creator>Andrew S.</dc:creator>
		<pubDate>Tue, 17 May 2011 18:28:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=20637#comment-1010792</guid>
		<description><![CDATA[PLEASE, THINK OF THE CHILDREN, JOE!

That&#039;s why.

I got yelled at by my mom because I told her I was going to teach my daughter not to trust police officers. The majority of people still think that the police are always right -- even if they&#039;re violating peoples&#039; rights, it&#039;s okay, so long as they get the bad guy (just look at all the hand-wringing that goes on when someone &quot;gets off on a technicality&quot;).]]></description>
		<content:encoded><![CDATA[<p>PLEASE, THINK OF THE CHILDREN, JOE!</p>
<p>That&#8217;s why.</p>
<p>I got yelled at by my mom because I told her I was going to teach my daughter not to trust police officers. The majority of people still think that the police are always right &#8212; even if they&#8217;re violating peoples&#8217; rights, it&#8217;s okay, so long as they get the bad guy (just look at all the hand-wringing that goes on when someone &#8220;gets off on a technicality&#8221;).</p>
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	</item>
	<item>
		<title>By: Joe</title>
		<link>http://www.theagitator.com/2011/05/17/anybody-smell-weed/comment-page-1/#comment-1010504</link>
		<dc:creator>Joe</dc:creator>
		<pubDate>Tue, 17 May 2011 16:56:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=20637#comment-1010504</guid>
		<description><![CDATA[Think of the idea that merely smelling weed (because in most places a small amount is a relatively minor crime) is enough to bust your door down.  

We do we tollerate this abuse?]]></description>
		<content:encoded><![CDATA[<p>Think of the idea that merely smelling weed (because in most places a small amount is a relatively minor crime) is enough to bust your door down.  </p>
<p>We do we tollerate this abuse?</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: John P.</title>
		<link>http://www.theagitator.com/2011/05/17/anybody-smell-weed/comment-page-1/#comment-1010484</link>
		<dc:creator>John P.</dc:creator>
		<pubDate>Tue, 17 May 2011 16:50:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=20637#comment-1010484</guid>
		<description><![CDATA[They already do this on traffic stop as the USSC has ruled the odor of marijuana is probable cause to search the car. 

Regardless if they find weed or not. 

Its all a total sham, the deck is completely stacked in the favor of the state.]]></description>
		<content:encoded><![CDATA[<p>They already do this on traffic stop as the USSC has ruled the odor of marijuana is probable cause to search the car. </p>
<p>Regardless if they find weed or not. </p>
<p>Its all a total sham, the deck is completely stacked in the favor of the state.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Yizmo Gizmo</title>
		<link>http://www.theagitator.com/2011/05/17/anybody-smell-weed/comment-page-1/#comment-1010475</link>
		<dc:creator>Yizmo Gizmo</dc:creator>
		<pubDate>Tue, 17 May 2011 16:47:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=20637#comment-1010475</guid>
		<description><![CDATA[&quot;dick bike cop&quot;

Isn&#039;t that redundant?]]></description>
		<content:encoded><![CDATA[<p>&#8220;dick bike cop&#8221;</p>
<p>Isn&#8217;t that redundant?</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Powersox</title>
		<link>http://www.theagitator.com/2011/05/17/anybody-smell-weed/comment-page-1/#comment-1010472</link>
		<dc:creator>Powersox</dc:creator>
		<pubDate>Tue, 17 May 2011 16:46:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=20637#comment-1010472</guid>
		<description><![CDATA[No, Dave W., because you had the intent to use your camera and your computers to commit a crime.  Thus, they will be sold and the money given to the coffers of the local PD.]]></description>
		<content:encoded><![CDATA[<p>No, Dave W., because you had the intent to use your camera and your computers to commit a crime.  Thus, they will be sold and the money given to the coffers of the local PD.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Anonymous</title>
		<link>http://www.theagitator.com/2011/05/17/anybody-smell-weed/comment-page-1/#comment-1010339</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Tue, 17 May 2011 16:11:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=20637#comment-1010339</guid>
		<description><![CDATA[I read this a few weeks ago from fourthamendment.com. Bottom line: time to start hiring olfactory experts and hearing experts for witnesses. (And I realized that this Alaska case was a Franks hearing and so exigent circumstances wouldn&#039;t apply, but the experts should be able to help resolve whether police had the ability to perceive what they claim to have perceived.
Frankly, I know that a toilet flush at my home cannot be heard from the doorstep. It&#039;s just impossible with the unaided ear.

&quot;In a fascinating opinion from Alaska, the U.S. District Court concludes that the defendant satisfied his burden of proof in a Franks challenge that an Alaska State Trooper could not have smelled a marijuana grow operation from at least 450&#039; away from the house in the Mat-Su valley at night in winter as alleged in the affidavit for a search warrant for defendant’s house. Without that information, the motion to suppress is granted, and Leon does not apply to Franks challenges. The USMJ&#039;s R&amp;R is rejected. [The defense called a human smell expert, and, reading between the lines, the government’s cross-examination of the smell expert likely inadvertently demolished the credibility of the Alaska State Trooper.] United States v. Thoms, 3:10-cr-00069 JWS (D. Alaska April 22, 2011) (order from Anchorage Daily News website, all thanks to a reader from Alaska):

Thoms also offered the testimony of Dr. David Doty (“Doty”). Doty is the director of the Smell and Taste Center at the University of Pennsylvania School of Medicine. He has published over 170 peer-reviewed articles in various fields. He edited, contributed to, and is “best known” for The Handbook of Olfaction and Gustation, a highly regarded work in the “chemical sense field.” Doty helped develop the University of Pennsylvania Smell Identification Test, which is “sort of the gold standard for smell testing.” He was qualified as an expert on smell and taste detection and smell detection capabilities. Doty ultimately opined that there was a “zero” probability that Young smelled marijuana as he claimed.&quot;]]></description>
		<content:encoded><![CDATA[<p>I read this a few weeks ago from fourthamendment.com. Bottom line: time to start hiring olfactory experts and hearing experts for witnesses. (And I realized that this Alaska case was a Franks hearing and so exigent circumstances wouldn&#8217;t apply, but the experts should be able to help resolve whether police had the ability to perceive what they claim to have perceived.<br />
Frankly, I know that a toilet flush at my home cannot be heard from the doorstep. It&#8217;s just impossible with the unaided ear.</p>
<p>&#8220;In a fascinating opinion from Alaska, the U.S. District Court concludes that the defendant satisfied his burden of proof in a Franks challenge that an Alaska State Trooper could not have smelled a marijuana grow operation from at least 450&#8242; away from the house in the Mat-Su valley at night in winter as alleged in the affidavit for a search warrant for defendant’s house. Without that information, the motion to suppress is granted, and Leon does not apply to Franks challenges. The USMJ&#8217;s R&amp;R is rejected. [The defense called a human smell expert, and, reading between the lines, the government’s cross-examination of the smell expert likely inadvertently demolished the credibility of the Alaska State Trooper.] United States v. Thoms, 3:10-cr-00069 JWS (D. Alaska April 22, 2011) (order from Anchorage Daily News website, all thanks to a reader from Alaska):</p>
<p>Thoms also offered the testimony of Dr. David Doty (“Doty”). Doty is the director of the Smell and Taste Center at the University of Pennsylvania School of Medicine. He has published over 170 peer-reviewed articles in various fields. He edited, contributed to, and is “best known” for The Handbook of Olfaction and Gustation, a highly regarded work in the “chemical sense field.” Doty helped develop the University of Pennsylvania Smell Identification Test, which is “sort of the gold standard for smell testing.” He was qualified as an expert on smell and taste detection and smell detection capabilities. Doty ultimately opined that there was a “zero” probability that Young smelled marijuana as he claimed.&#8221;</p>
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	<item>
		<title>By: Dave W.</title>
		<link>http://www.theagitator.com/2011/05/17/anybody-smell-weed/comment-page-1/#comment-1010314</link>
		<dc:creator>Dave W.</dc:creator>
		<pubDate>Tue, 17 May 2011 16:02:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=20637#comment-1010314</guid>
		<description><![CDATA[I think, in the vehicle context, odors that have been used to mask mj have been held to give rise to probable cause.

So the search may not be too hard to justify in hindsight (at least at a qi level), whether it turns out you had any drugs or not.  The police will give you back your coffee and your camera and your computers after all the legal proceedings are concluded.]]></description>
		<content:encoded><![CDATA[<p>I think, in the vehicle context, odors that have been used to mask mj have been held to give rise to probable cause.</p>
<p>So the search may not be too hard to justify in hindsight (at least at a qi level), whether it turns out you had any drugs or not.  The police will give you back your coffee and your camera and your computers after all the legal proceedings are concluded.</p>
]]></content:encoded>
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	<item>
		<title>By: Discord</title>
		<link>http://www.theagitator.com/2011/05/17/anybody-smell-weed/comment-page-1/#comment-1010269</link>
		<dc:creator>Discord</dc:creator>
		<pubDate>Tue, 17 May 2011 15:47:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=20637#comment-1010269</guid>
		<description><![CDATA[One can buy a spray can of marijuana smell in Amsterdam (and probably other places, that&#039;s just where I saw it).  Anyone wanna bet that some industrious pigs will carrying this around with them going forward?]]></description>
		<content:encoded><![CDATA[<p>One can buy a spray can of marijuana smell in Amsterdam (and probably other places, that&#8217;s just where I saw it).  Anyone wanna bet that some industrious pigs will carrying this around with them going forward?</p>
]]></content:encoded>
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	<item>
		<title>By: Juice</title>
		<link>http://www.theagitator.com/2011/05/17/anybody-smell-weed/comment-page-1/#comment-1010216</link>
		<dc:creator>Juice</dc:creator>
		<pubDate>Tue, 17 May 2011 15:29:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=20637#comment-1010216</guid>
		<description><![CDATA[This reminds me of a dick bike cop in DC. I&#039;m about 4 cars back on Constitution Ave. (home of the IRS and Federal Reserve, ha!) and the light turns green and no one moves because there is someone on a bike talking to the people in the first car. I honk my horn quickly 3 times (honk, honk, honk) but no one moves. The light turns red again, argh. Then the guy on the bike rides back to my car and it&#039;s a bike cop. Then he starts bitching me out for honking my horn and disrupting official police business. Um, ok then. Then he decides to be a real dick and start asking where I&#039;m going, where I&#039;ve been, and what I had to drink because he sure could smell that strong odor of alcohol on me, for sure. Of course, I hadn&#039;t had anything to drink, but this just shows that it&#039;s simply an excuse. What a dick.]]></description>
		<content:encoded><![CDATA[<p>This reminds me of a dick bike cop in DC. I&#8217;m about 4 cars back on Constitution Ave. (home of the IRS and Federal Reserve, ha!) and the light turns green and no one moves because there is someone on a bike talking to the people in the first car. I honk my horn quickly 3 times (honk, honk, honk) but no one moves. The light turns red again, argh. Then the guy on the bike rides back to my car and it&#8217;s a bike cop. Then he starts bitching me out for honking my horn and disrupting official police business. Um, ok then. Then he decides to be a real dick and start asking where I&#8217;m going, where I&#8217;ve been, and what I had to drink because he sure could smell that strong odor of alcohol on me, for sure. Of course, I hadn&#8217;t had anything to drink, but this just shows that it&#8217;s simply an excuse. What a dick.</p>
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	<item>
		<title>By: Drouse</title>
		<link>http://www.theagitator.com/2011/05/17/anybody-smell-weed/comment-page-1/#comment-1010203</link>
		<dc:creator>Drouse</dc:creator>
		<pubDate>Tue, 17 May 2011 15:26:21 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=20637#comment-1010203</guid>
		<description><![CDATA[It will keep good company with other police classics such as:

&quot;I thought I saw a gun&quot; and &quot;I was afraid for my life so I emptied my clip into an unarmed man.]]></description>
		<content:encoded><![CDATA[<p>It will keep good company with other police classics such as:</p>
<p>&#8220;I thought I saw a gun&#8221; and &#8220;I was afraid for my life so I emptied my clip into an unarmed man.</p>
]]></content:encoded>
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	<item>
		<title>By: Boyd Durkin</title>
		<link>http://www.theagitator.com/2011/05/17/anybody-smell-weed/comment-page-1/#comment-1010185</link>
		<dc:creator>Boyd Durkin</dc:creator>
		<pubDate>Tue, 17 May 2011 15:19:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=20637#comment-1010185</guid>
		<description><![CDATA[&lt;blockquote&gt;The police will lie, cheat, steal, intimidate and assault any one at any time to get a conviction. That is how they get paid...
&lt;/blockquote&gt;

Well, that is how they get their rocks off.]]></description>
		<content:encoded><![CDATA[<blockquote><p>The police will lie, cheat, steal, intimidate and assault any one at any time to get a conviction. That is how they get paid&#8230;
</p></blockquote>
<p>Well, that is how they get their rocks off.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Boyd Durkin</title>
		<link>http://www.theagitator.com/2011/05/17/anybody-smell-weed/comment-page-1/#comment-1010173</link>
		<dc:creator>Boyd Durkin</dc:creator>
		<pubDate>Tue, 17 May 2011 15:16:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=20637#comment-1010173</guid>
		<description><![CDATA[A new square in Police Bingo.]]></description>
		<content:encoded><![CDATA[<p>A new square in Police Bingo.</p>
]]></content:encoded>
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