fogel1497 wrote:Probable cause is up for interpretation. Their is no exact definition. It is anything, that would give a police officer any reason to believe that there 'might' be a law being broken.
Driving too slow, (like 30 in a 25), can be probable cause.
Driving too slow doin' 30 in a 25? Hmmmmm............
Sounds like ya got a good crop in!! (Just pokin atcha!)
Fogel is right. It's really wide in interpretation. Generally held to be something that would make the officer believe that illegal activity is occuring. Smell would be the biggest thing for this discussion. Rolling papers, while not illegal, are a weak
but generally upheld rise for probable cause to search yer car.
Generally, to avoid such hassles, be anal about leaving ANYTHING in plain sight that would indicate what you are doing, and NEVER EVER let the cops into your house without a warrant. If you get pulled over and the cops ask you for permission to search your car, refuse. They would have you think
that they just have to call in for a warrant
, but a warrant HAS TO BE SIGNED by a judge. The states atty will have to demonstrate probable cause to the judge. They cannot arrest you without probable cause, and they can only hold or detain you for a few minutes to establish your ID without violaing your rights. Google search "Terry Stop". Some jurisdictions have a judge somewhere that will "rubber stamp" warrants, but these are generally pretty easy to fight in court.
If you are just using, be careful. If you are growing my best suggestion would be to go lay about 500.00 on a bondsman as a retainer, and definately have an atty on retainer. It's just part and parcel of the business.