Gun Owner Unwelcomed in Maryland

[Mark75H]

officer detected the smell of marijuana, and called for a canine unit. He claimed that they discovered a small amount of marijuana in the vehicle. Delegate Conaway then asked if the MTA police detained the driver for possession. The trooper indicated that they did not.

This is the first I've heard of the MJ accusations. This seems to be in conflict with the MTA Police issuing an apology and starting an internal investigation. I also have issue with the MTA Police discovering MJ, and then saying "oh, it's just a small amount ... go on your way."

It was on another thread ... was in the news last week too

 

[Ab_Normal]

At the HJC testimony session on 04 March, there was a MTA trooper who offered oral testimony. I believe Delegate Conaway asked him to expand on the scenario, and the MTA trooper described a traffic stop (seventy-sumthin' in a fifty-five) that had conflicting information regarding a Florida resident's firearm. The trooper then added that the on-site officer detected the smell of marijuana, and called for a canine unit. He claimed that they discovered a small amount of marijuana in the vehicle. Delegate Conaway then asked if the MTA police detained the driver for possession. The trooper indicated that they did not.

This is the first I've heard of the MJ accusations. This seems to be in conflict with the MTA Police issuing an apology and starting an internal investigation. I also have issue with the MTA Police discovering MJ, and then saying "oh, it's just a small amount ... go on your way."

My Scooby-sense is tingling ....

Did they put find any kiddie porn on his computer?

 

[dblas]

At the HJC testimony session on 04 March, there was a MTA trooper who offered oral testimony. I believe Delegate Conaway asked him to expand on the scenario, and the MTA trooper described a traffic stop (seventy-sumthin' in a fifty-five) that had conflicting information regarding a Florida resident's firearm. The trooper then added that the on-site officer detected the smell of marijuana, and called for a canine unit. He claimed that they discovered a small amount of marijuana in the vehicle. Delegate Conaway then asked if the MTA police detained the driver for possession. The trooper indicated that they did not.

This is the first I've heard of the MJ accusations. This seems to be in conflict with the MTA Police issuing an apology and starting an internal investigation. I also have issue with the MTA Police discovering MJ, and then saying "oh, it's just a small amount ... go on your way."

My Scooby-sense is tingling ....

Then take it up with the legislature, they passed a bill a couple of years ago that made any amount under an ounce a D misdemeanor (?) with no arrest and a $100 fine.

You never hear of the MJ accusations because all you read in the Tampa Bay news paper article, was the driver's side of the story. While the apology is odd, I don't think it is out of line for detaining someone for almost an hour, I would actually expect it.

 

[beretta_maven]

Then take it up with the legislature, they passed a bill a couple of years ago that made any amount under an ounce a D misdemeanor (?) with no arrest and a $100 fine.

You never hear of the MJ accusations because all you read in the Tampa Bay news paper article, was the driver's side of the story. While the apology is odd, I don't think it is out of line for detaining someone for almost an hour, I would actually expect it.

Except that cops all over have a history of making up reasons to stop and search - and I mean "making up" literally.

 

[DaemonAssassin]

Except that cops all over have a history of making up reasons to stop and search - and I mean "making up" literally.

If you knew only half of what I've dealt with, you'd probably lose your cool.

 

[safecracker]

I had an MPD sergeant tell me in a very matter-of-fact way that 'smelling marijuana' during a traffic stop was not uncommon in order to establish PC to search a vehicle. Oldest trick in the book.

 

[PJDiesel]

I had an MPD sergeant tell me in a very matter-of-fact way that 'smelling marijuana' during a traffic stop was not uncommon in order to establish PC to search a vehicle. Oldest trick in the book.

No doubt in my mind.

'Hey, I think I detect the odor of burnt marijuana"

Who's to say he did or didn't.

 

[dgapilot]

I'd like to see the calibration certificate for your nose to show the ability to smell MJ sir.

Not everyone has the same sense of smell and if the courts are accepting that as PC we are all in trouble.

 

[Ab_Normal]

I'd like to see the calibration certificate for your nose to show the ability to smell MJ sir.

Not everyone has the same sense of smell and if the courts are accepting that as PC we are all in trouble.

We were in trouble when they disregarded the 4A and started allowing searches and seizures without a warrant.

 

[safecracker]

I'd like to see the calibration certificate for your nose to show the ability to smell MJ sir.

Not everyone has the same sense of smell and if the courts are accepting that as PC we are all in trouble.

This is nothing new. It's been happening for decades. A friend of mine who used to drive long haul tractor trailers had it happen to him on a lonely highway in Texas in the middle of the night back in the early '80s, after getting stopped for speeding. Nothing was found but he had to post $500 cash bond to the magistrate the next morning to ensure his return for traffic court. Of course, he never went back.

 

[MigraineMan]

Then take it up with the legislature, they passed a bill a couple of years ago that made any amount under an ounce a D misdemeanor (?) with no arrest and a $100 fine.

You never hear of the MJ accusations because all you read in the Tampa Bay news paper article, was the driver's side of the story. While the apology is odd, I don't think it is out of line for detaining someone for almost an hour, I would actually expect it.

CORRECTION: I went back and re-watched the oral testimony last night. It was Delegate Curt Anderson who asked the questions, not Conaway (he asked questions immediately afterward.)

I also re-read the Tampa Tribune article. I realize that it's probably biased in-favor of Filippidis, but there are elements that don't correlate well. If the officer saw the CC permit when asking for the license and registration, why would he have returned to his cruiser, done something for 10 minutes, then finally decided that he needed to locate the firearm? Wouldn't "control the situation" doctrine have dictated that "secure the potential firearm" be a higher priority than fussing with citation paperwork?

SB0297 from 2013 changes Criminal Law 5-601 (c) (2) (ii) such that a violation involving the use or possession of less than 10g of MJ carries a civil penalty of a fine not to exceed $100.

 

[Chris0nllyn]

At the HJC testimony session on 04 March, there was a MTA trooper who offered oral testimony. I believe Delegate Conaway asked him to expand on the scenario, and the MTA trooper described a traffic stop (seventy-sumthin' in a fifty-five) that had conflicting information regarding a Florida resident's firearm. The trooper then added that the on-site officer detected the smell of marijuana, and called for a canine unit. He claimed that they discovered a small amount of marijuana in the vehicle. Delegate Conaway then asked if the MTA police detained the driver for possession. The trooper indicated that they did not.

This is the first I've heard of the MJ accusations. This seems to be in conflict with the MTA Police issuing an apology and starting an internal investigation. I also have issue with the MTA Police discovering MJ, and then saying "oh, it's just a small amount ... go on your way."

My Scooby-sense is tingling ....

Any idea about how far into the hearings this was? I'm trying to find it, but the recording is 10 hours long.

 

[ShallNotInfringe]

Any idea about how far into the hearings this was? I'm trying to find it, but the recording is 10 hours long.

Start hunting around for it the 5 hour mark.

Alternatively, There's a list tool next to the pause/rewind 10 second buttons on the page that you can use to move to the bill numbers.

 

[MigraineMan]

I snagged a video screen-cap last night. I want to say it was at 4:45:00 or so. They were discussing the 3-D printing restrictions in HB0094.

I have sent a message to NRA-ILA offering to point them to the testimony. I can stuff it onto Youtube and link it here if that's desirable.

 

[Chris0nllyn]

Start hunting around for it the 5 hour mark.

Alternatively, There's a list tool next to the pause/rewind 10 second buttons on the page that you can use to move to the bill numbers.

I snagged a video screen-cap last night. I want to say it was at 4:45:00 or so. They were discussing the 3-D printing restrictions in HB0094.

I have sent a message to NRA-ILA offering to point them to the testimony. I can stuff it onto Youtube and link it here if that's desirable.

Thank you.

The officer began testimony right around 4:53, and it was related to HB659.

 

[safecracker]

This is nothing new. It's been happening for decades. A friend of mine who used to drive long haul tractor trailers had it happen to him on a lonely highway in Texas in the middle of the night back in the early '80s, after getting stopped for speeding. Nothing was found but he had to post $500 cash bond to the magistrate the next morning to ensure his return for traffic court. Of course, he never went back.

BTW, I am not a cop hater. To the contrary, I have many friends at all levels of law enforcement. I'm just pointing out something that does happen.

 

[dblas]

CORRECTION: I went back and re-watched the oral testimony last night. It was Delegate Curt Anderson who asked the questions, not Conaway (he asked questions immediately afterward.)

I also re-read the Tampa Tribune article. I realize that it's probably biased in-favor of Filippidis, but there are elements that don't correlate well. If the officer saw the CC permit when asking for the license and registration, why would he have returned to his cruiser, done something for 10 minutes, then finally decided that he needed to locate the firearm? Wouldn't "control the situation" doctrine have dictated that "secure the potential firearm" be a higher priority than fussing with citation paperwork?

SB0297 from 2013 changes Criminal Law 5-601 (c) (2) (ii) such that a violation involving the use or possession of less than 10g of MJ carries a civil penalty of a fine not to exceed $100.

The above information was based on what Mr. Fillipidos told the reporter for the article. We all know how accurate news articles can be with regards to that actual facts.

 

[MigraineMan]

Mr. Filippidis' account from the article was:

Finally the patrol car's emergency lights come on, and it's almost a relief. Whatever was going on, they'd be able to get it over with now. The officer — from the Transportation Authority Police, as it turns out, Maryland's version of the New York-New Jersey Port Authority — strolls up, does the license and registration bit, and returns to his car.

According to Kally and John (but not MTAP, which, pending investigation, could not comment), what happened next went like this:

Ten minutes later he's back, and he wants John out of the Expedition. Retreating to the space between the SUV and the unmarked car, the officer orders John to hook his thumbs behind his back and spread his feet. “You own a gun,” the officer says. “Where is it?”

Major Anderson testified that the officer identified a Florida CC permit when he asked the driver for his license and registration. It is unclear to me when the officer detected the smell of MJ.

Color me dubious. Had the officer seen the CC permit during the initial encounter with the driver, I would have expected him to act immediately. At a minimum, "Sir, that appears to be a concealed carry permit in your wallet. Do you have any weapons?"

I don't claim to he fully informed, but there is substantial discontinuity in the information available. Could be bad reporting. Could be Filippidis trying to put a shine on his situation. Could be something ... worse. I wouldn't mind some more scrutiny on the matter.

 

[MigraineMan]

I sent a pointer to the MDGA online testimony to the Tampa Tribune reporter who wrote up Filippidis' story. His response:

I have just this week received the report from MDTA police confirming what the major testified to. I am working on a follow-up. Thank you for your alertness. Yes, the marijuana factor was conveniently excluded from my sources’ narrative; I wish only the authorities had been more forthcoming with their side.

Best,

Tom Jackson

 

[Blackstar65]

Then take it up with the legislature, they passed a bill a couple of years ago that made any amount under an ounce a D misdemeanor (?) with no arrest and a $100 fine.

You never hear of the MJ accusations because all you read in the Tampa Bay news paper article, was the driver's side of the story. While the apology is odd, I don't think it is out of line for detaining someone for almost an hour, I would actually expect it.

Its possession under 10 grams. We are not required to charge that. The officer can reguarless of the amount still charge the higher possession of marijuana if he or she wants.