Let's say a police officer arrests someone for smoking weed. The person arrested smokes weed because it is their religion. After putting the smoker into the car, the policeman decides to stop by his church to see if anyone else is smoking weed. Can a police officer stop by someone's religious gathering place while on their way to the police station. Please state lawful facts with your answer.​

The scenario you've described raises two separate legal issues: the arrest for smoking weed due to its religious use, and the officer's decision to stop by a church while having someone in custody.

Firstly, regarding the arrest for smoking weed for religious reasons, in the United States, the Religious Freedom Restoration Act (RFRA) provides that the government cannot substantially burden a person's exercise of religion, except if it is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest. However, drug use often falls under the Controlled Substances Act, and while there have been some cases where the use of illegal substances in religious ceremonies has been permitted (e.g., the use of peyote in Native American rituals), this is the exception rather than the rule. Therefore, in most circumstances, an individual's claim that they use an illegal drug for religious purposes may not be sufficient to avoid arrest and prosecution.

Secondly, concerning a police officer's decision to stop by a church to look for other law violators while having a person in custody, police procedures typically require that an officer transport a detainee directly to a police station or detention center. Detouring for personal errands or unrelated police work is generally not permitted, as it could lead to allegations of improper conduct, misuse of authority, or could potentially delay the person’s right to due process. If the officer's stop at the church was not part of standard police procedure and was not a necessary part of the arrestee's custody, it could be challenged as inappropriate.

Extra: In law enforcement, officers must adhere to protocols designed to ensure the safety, rights, and well-being of individuals in their custody. This includes the requirement to transport detainees promptly and directly to a location where they can be processed according to the law, which typically would be a police station or county jail.

The situation described could also raise concerns under the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures. If the officer randomly stops at places of worship looking for other individuals who might be smoking weed without probable cause, this could be seen as an unreasonable search which is constitutionally impermissible.

The rights around religious practices are protected under the First Amendment, which guarantees freedom of religion. However, this does not mean that any action claimed to be a religious practice is automatically allowed if that action violates a general, neutrally applied law. There's a complex balance between an individual's right to practice their religion and the government's interest in enforcing its laws for the health, safety, and welfare of the community.

Overall, the actions of the police officer, as described, could raise several legal questions and might be subject to scrutiny both internally from the police department's own disciplinary measures, and externally from the courts, should any civil rights litigation ensue.