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Old 29 July 2015, 07:41 PM
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GenYus234 GenYus234 is online now
Join Date: 02 August 2005
Location: Mesa, AZ
Posts: 26,694

Originally Posted by Dr. Dave View Post
In practical terms, how likely is a citizen to successfully complain against a trumped up "clear smell" claim? Unless a particular officer has an inordinate number of stops in which he searches for MJ smell and finds none, or a disproportionate number of such cases for stops people of a certain race or ethnicity, it seems like it would be his word against yours.
IANALE, but I'm bored, so I'll jump in anyway. Generally, issues like that are discussed if the officer were to find something else illegal during the search and charges were filed against you for that something else.

Unless that particular officer is repeatedly doing that to you, there is pretty much no chance that you'll be able to successfully pursue any kind of remedy. Your complaint will probably be filed (round or not) and nothing will happen. Like ATNM said, it might be useful to someone else down the road.
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