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Originally Posted by BrainSmashR
"Forgetting" you have paraphernalia on you is not the same as NOT having paraphernalia on you.
My contention is that "smoking" is not illegal, not that possession of paraphernalia is legal. Obviously being stupid in front of a cop constitutes reasonable suspicion. The purpose of the example was to show that even extreme situations won't result in a drug arrest without physical drug evidence.
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And I'm tellin ya you're wrong. The police can arrest you for "disturbing the peace", which pretty much amounts to whatever the cop says "disturbing the peace" is. Admittedly its a misdemeanor just like public intoxication, but there doesnt need to be any physical evidence. They can arrest you for just about any damn thing, which is not to say that you'll be indicted, much less convicted of any crime. Police have extremely broad powers, including the power to ruin your day or make your life miserable. Its never a good idea to piss off a cop.