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"intimidation and trickery"

Jim Dwyer explains how that works in the New York Times, April 30:

More than 30 years ago, legislators and the governor agreed, in broad terms, that the state would no longer jail people in possession of small amounts of marijuana.

The exceptions are that anyone caught "burning" marijuana or with it "open to public view" faces a misdemeanor charge.

The man who appeared in criminal court on Tuesday explained how his pot came to be openly displayed to police officers, even though he was in his car.

"I came out of the building, and this unmarked car, no light, no indication it was police, was right on me," said the man, a Latino who asked that his name not be used because he was concerned about his job. "Right on my tail. An officer got out, he said, 'I saw you walking from that building, I know you bought weed, give me the weed.' He made it an option: 'Give me the weed now and I will give you a summons, or we can search your vehicle and can take you in.'"

He opened the console and handed them his marijuana—making it "open to public view."

"I was duped," he said. But the deception was legal, and his pot wasn't.

The officers escorted him in handcuffs to the unmarked car.

Sweet, huh? The thing to remember is that this poor guy didn't stand up for his rights. The cops were obviously bluffing—if they had probable cause for a search, they would have just carried out the search without the threats. If you are not under arrest, you are free to leave. Of course, actually asserting your rights with the police requires some courage, as the Sean Bell verdict makes all too clear.


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