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Police: Man faces gun, drug charges after driving by a traffic cop while smoking pot
By adamg on Sun, 08/09/2015 - 7:11pm
Boston Police report a police officer doing a traffic detail at Dudley and Howard streets yesterday afternoon wound up arresting a man on gun and drug charges after he saw the guy "smoking marijuana while driving by him."
The officer was there to help with traffic during the Dudley Street Neighborhood Initiative's annual multicultural festival at Mary Hannon Park. Police say that in addition to the pot in his hand, Eric Pires, 22, also had "a large quantity of marijuana" in his glove box - along with "a loaded Iver Johnson Arms revolver."
He faces arraignment tomorrow in Roxbury Municipal Court on charges of operating under the influence of drugs, failure to submit to a police officer, possession of marijuana with intent to distribute, unlawful possession of a firearm and unlawful possession of ammunition.
Innocent, etc.
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Comments
Nice arrest.
Nice arrest.
More reasons to legalize it
I'd far rather my highly regulated local packy, which supports local families and businesses, be selling it than this sort of douchebag.
I'm sure you meant to add
..that driving under the influence of marijuana is driving under the influence, period, and that the cop would still be right to arrest this guy.
Correct. Even when any adult
Correct. Even when any adult can buy it at the corner store, you still won't be able to drive high.
Define "high"
I can see the "open container" analogy and don't necessarily disagree, but define "too high to drive".
It doesn't mean "presence of THC in system", as that can be for a month after.
Seriously?
You think marijuana enthusiasts have the equivalent of a drink or two? High = you smoked weed. Try not to drive after doing that, mmkay.
Everyone seems to forget that
Everyone seems to forget that regardless of the amount, no one smokes weed for any reason other than the effects of it. People drink alcohol for many other reasons other than to become intoxicated.
Huh??
Wait....Why else do.people consume alcohol, other than for the effect of the drug? Please don't say "to be social", ha-ha. Or is it the taste?
Nope
Not true. Do a little research on how Colorado and Washington deal with this.
There is also increasing research with actual driving performance tests (closed courses). It isn't as simplistic as you would love to imagine it being.
Also: answer the question. Define "high" in a way that would stand up in court.
Hope he gets a good lawyer.
Hope he gets a good lawyer. What with pot being decriminalized, it's becoming much harder for police to use its presence as probable cause for sticking their noses in people's cars, houses, or anywhere else. MA had a recent Supreme Judicial Court ruling for example that said the smell of marijuana in a car explicitly can not be used a probable cause any longer.
You're referring to Commomnweath v Craan
That case law only applies to unburnt marijuana.
http://caselaw.findlaw.com/ma-supreme-judicial-court/1672077.html
The defense attorney is a good friend of mine.
smell of unburnt marijuana in a parked car....
This one should be pretty easy, as it would be like someone driving with a bud light in their hand.
Driving down a PUBLIC street
smoking a joint. Sorry, but this guy was fair game for a search.
I don't really know the case law
Driving down a public street drinking a beer certainly makes you fair game to get cited for open alcohol in the car. Does it make you fair game for a search?
Not a ticket offense.
You do not get "cited" for open container, as if the cops give you a ticket and send you on your merry way. They arrest you and all the fixins that come with getting arrested.
What defines arrestable?
How can you tell by looking at the statutes, which offenses are arrestable and which are not?
Quick version Bob......
You can't tell by looking at the statutes, and you actually can get a ticket for having an open container (Ch. 90 s.24I), which is a $500 fine and is not arrestable. And this can be given to a driver or passenger. But Massachusetts towns and cities can make ordinances (public drinking) that can be arrestable if violated. So anyone with an open container on a public way, is also in possession of alcohol in public, so they can be arrested.
Other than that every felony is arrestable, and most misdemeanors are not arrestable unless a police officer witnesses the offense, and/or the offense was what is considered a "breach of the peace" (basically that people were bothered by the offense). Exceptions to misdemeanor arrests are domestic violence situations, shoplifting, OUIL.....and I can't think of any others off the top of my head.
Be high + drive = under
Be high + drive = under arrest for OUI Drugs. Car gets towed away which requires an inventory be done. Anything found is fair game.
Forget about the pot.....
Forget about the pot, this guy had an unlicensed firearm in his glove box! Imagine if that stoned a- whole wasn't paying attention and cut you off. Then, you flipped him off?
Would you still give the finger if you knew he had an unlicensed firearm in his glove box?
I hate lead poisoning.
I knew it
Scratch a MA driver, find a criminal