Smell of Marijuana Enough to Allow Warrantless Home Searches?

[HAL9000]

So strange in 2010 that there are some backward parts in the USA still doing the weed prohibition thing.

But then so is getting a BJ in the south.

Seriously?!

 

[maluckey]

WOW!

Lots of fail in this thread.

1. MJ IS ILLEGAL. It doesn't matter what the state says.
2. MJ Smoke is, and has been probable cause when a cop pulls someone over for erratic driving (lots of case law precedent). No weed found = no arrest if not failing field sobriety.
3. Smoking at home leaves little reasonable expectation of privacy, since smoke goes where it will. Again, no weed and passes sobriety = no arrest (even in your home).
4. Finally....cops are pretty good at smelling weed, despite what smokers think.

 

[chris9641]

WOW!

Lots of fail in this thread.

1. MJ IS ILLEGAL. It doesn't matter what the state says.
2. MJ Smoke is, and has been probable cause when a cop pulls someone over for erratic driving (lots of case law precedent). No weed found = no arrest if not failing field sobriety.
3. Smoking at home leaves little reasonable expectation of privacy, since smoke goes where it will. Again, no weed and passes sobriety = no arrest (even in your home).
4. Finally....cops are pretty good at smelling weed, despite what smokers think.

In number 3 are you saying you can get arrested in your own home for failing a sobriety test? I've never heard of a sobriety test given other than when operating a vehicle.

 

[Venix]

My job is not to educate you. I don't do other peoples research for them.

Of course it's your job to back up your claims, moron; the burden of proof is always on the claimant. This should be obvious to anyone who isn't mentally retarded.

Further, I've performed an extensive news search and found nothing even remotely supporting your lies; every article clearly states that the sole reason for the search was that the police noticed an infrared hotspot while viewing the area with FLIR. But I did find a number of similar stories where the police raided innocent people's homes based solely on infrared "evidence":

Due to a stove
Due to poor roof insulation
Due to a heater

All innocent, all raided only because of the home's heat signature with zero corroborating evidence. Well, except for the first one where the police were also "mistaken" (i.e. lied) about smelling marijuana.

 

[Steeplerot]

WOW!

Lots of fail in this thread.

1. MJ IS ILLEGAL. It doesn't matter what the state says.

Well, except for 6 stores on my block that I can walk right into and choose whatever I wish as far as strains or edibles. And the other 200 or so stores within a 8 mile radius.
This is since 1996, it is 2011 now.

Jaywalking is illegal, speeding is illegal, ripping tags from your mattress is illegal also. Life is not black and white, like I said, who is going to not get a BJ in Alabama or walk directly across a street in the middle of the night? Some laws are a guideline more then a hard fast rule in reality. Societal norms tend to gravitate naturally to change when it is not impeding anyones freedoms out of the "path of least resistance" aspect of societal adaption.

Jaywalking and ripping mattress tags are silly laws mostly ignored but still serve a purpose thus will never be changed. Stuff like pot criminalization is a drag on society, thus it is just another one of "those things" we accept that we have inherited from less free generations before. The old days are over and it is far to late to complain that the page has already started to be turned. It is not going back. Same with alcohol prohibition, slavery, the draft, and rated R porn like in the 70s. =(

 

[Craig234]

Don't ask, don't smell?

 

[HAL9000]

Of course it's your job to back up your claims, moron; the burden of proof is always on the claimant. This should be obvious to anyone who isn't mentally retarded.

Further, I've performed an extensive news search and found nothing even remotely supporting your lies; every article clearly states that the sole reason for the search was that the police noticed an infrared hotspot while viewing the area with FLIR. But I did find a number of similar stories where the police raided innocent people's homes based solely on infrared "evidence":

Due to a stove
Due to poor roof insulation
Due to a heater

All innocent, all raided only because of the home's heat signature with zero corroborating evidence. Well, except for the first one where the police were also "mistaken" (i.e. lied) about smelling marijuana.

Keep looking.

NEVER READ THE DAILY FAIL!

 

[WHAMPOM]

http://www.latimes.com/news/nationworld/nation/wire/sc-dc-0113-court-search-20110112,0,7017935.story


Do you think police officers should be allowed to enter a home in circumstances like these without a warrant, or is this a violation of the 4th amendment?

Canadian officers break into home after smelling "Maryjane" odor, find pet skunk. The nose knows, maybe not?

 

[Venix]

Keep looking.

NEVER READ THE DAILY FAIL!

I guess I should have known that this loser is just a troll who has no interest in honest discussion.

On the bright side, maybe that means that his whole annoying dumb-as-dirt persona is just an act. It's certainly a little disconcerting to think that a real person could think and behave like this idiot.

 

[2Xtreme21]

Those damn big government conservatives.

 

[HAL9000]

I guess I should have known that this loser is just a troll who has no interest in honest discussion.

On the bright side, maybe that means that his whole annoying dumb-as-dirt persona is just an act. It's certainly a little disconcerting to think that a real person could think and behave like this idiot.

Seriously the daily mail is the worst newspaper in the country.

http://www.youtube.com/watch?v=5eBT6OSr1TI

 

[maluckey]

Some laws are a guideline more then a hard fast rule in reality

So who gets to choose which laws are just guidelines?

If I burn down your house because I don't like how you cut your grass, is that my choice? After all, laws are guidelines, and the societal norm is trending towards violence, jackasses and self-centeredness since 1996. Hell! it's 2011 now!. Besides, there's a guy that sells drugs on my corner, and he said that he'd do it for 100 bucks. I can still get to work on time because the speed limit is just a guide, and if I run over your son at the bus stop because I'm drunk off of my ass in celebration of burning down some idiots house...so be it. Laws are a drag on my freedoms.

You see how easy it is to play a childs foolish game?

NEXT!

 

[Venix]

So who gets to choose which laws are just guidelines?

If I burn down your house because I don't like how you cut your grass, is that my choice? After all, laws are guidelines, and the societal norm is trending towards violence, jackasses and self-centeredness since 1996. Hell! it's 2011 now!. Besides, there's a guy that sells drugs on my corner, and he said that he'd do it for 100 bucks. I can still get to work on time because the speed limit is just a guide, and if I run over your son at the bus stop because I'm drunk off of my ass in celebration of burning down some idiots house...so be it. Laws are a drag on my freedoms.

You see how easy it is to play a childs foolish game?

NEXT!

His post contained a rather significant "when it is not impeding on anyone's freedoms" caveat that you appear to have missed.

Rejecting the validity of certain laws based on a structured, logically consistent belief system is absolutely nothing like the anarchy you describe. In fact it's the entire foundation of America's legal system; at every level of government there exist certain inviolable rules that limit the scope and power of the law. Striving toward eliminating any law that criminalizes victimless conduct is no more a "child's foolish game" than the civil rights or women's suffrage movements were.

You're certainly free to believe that marijuana possession should remain illegal, but it would be appreciated if you'd make an argument that isn't based entirely upon logical fallacies and ridiculously inaccurate comparisons.

 

[Lanyap]

WOW!

Lots of fail in this thread.

1. MJ IS ILLEGAL. It doesn't matter what the state says.
2. MJ Smoke is, and has been probable cause when a cop pulls someone over for erratic driving (lots of case law precedent). No weed found = no arrest if not failing field sobriety.
3. Smoking at home leaves little reasonable expectation of privacy, since smoke goes where it will. Again, no weed and passes sobriety = no arrest (even in your home).
4. Finally....cops are pretty good at smelling weed, despite what smokers think.

Reminds me of what happened to a friend of mine. She was driving down the road with her three kids when a LEO passes in the other direction. He turns around and goes into pursuit mode. When he checked her license he found out her husband was a LEO in the same dept as he and let her go. He explained that he had smelled mj but by the time he was able to look back it was her car that he saw.

 

[IceBergSLiM]

great use of public resources.

 

[airdata]

Probable cause of possessing a plant that is illegal because of corporations not wanting competition, and people too ignorant today to research why it's illegal.

REEFER MADNESS PEOPLE>>> Blacks and hispanics getting high on Marihuana and raping white women.

Seriously : That is why marijuana is illegal in a nutshell.

LETS SAVE THE RAIN FOREST!!!... yeah, let's use hemp instead which grows something like 100 times as dense as trees and much more quickly.

/rant

 

[BurnItDwn]

lol imo total violation of the 4th. smelling something is not good enough for justification. considering so many things can be similar in smell

I think that weed should not be illegal.

But, to say that smelling something is not good enough justification to be qualified as probable cause, that is completely retarded. What about if they had a sniffing dog with? Still not good enough?

What the hell do you want, "it's only probable cause if the person turns themself in" ?

No, it's without a doubt probable cause.

Now, the issue should be... Is possessing or growing a harmless plant that happens to smell and also make people sleepy or feel good when smoking it enough of a reason for the police to waste their time, as well as whomever is possessing the marijuana. To that , I would say no, however, the law says otherwise..

 

[rudder]

give cops more power and they will abuse it, guaranteed...

If the cops bust down your door thinking you have pot burning... and they are wrong... do you think they will pay for the door to be fixed? Of course... I get this happens now even with warrants and they get the wrong address.

But yeh I see this being abused as well... all the cop has to do is say he smelled pot and your apartment is his.

 

[OutHouse]

If you think weed doesn't have a distinct smell, you're not smoking enough.

i dry basil in my shed over the winter and dude it smells just like pot. very strong.

 

[OutHouse]

WOW!

Lots of fail in this thread.

1. MJ IS ILLEGAL. It doesn't matter what the state says. Not in MMJ States. Federal yes, state no if you have a MMJ card.
2. MJ Smoke is, and has been probable cause when a cop pulls someone over for erratic driving (lots of case law precedent). No weed found = no arrest if not failing field sobriety. we are not talking about driving while impaired, moot point
3. Smoking at home leaves little reasonable expectation of privacy, since smoke goes where it will. Again, no weed and passes sobriety = no arrest (even in your home). i can get shit raving drunk at my house and yes i expect privacy in my house even if it is smoking pot. plus when has there ever been a sobriety test giving for drinking and driving a lazy-boy????
4. Finally....cops are pretty good at smelling weed, despite what smokers think.
so fucking what, get a warrant period. i guarantee you any "seasoned" DEA agent would think i had pot in my shed but its just a couple of basil plants i am drying.

see bolded

 

[Ns1]

It's not wasting time, it's an illegal drug

not in my state

even if you don't have a card it's an infraction, no worse than a parking ticket.

 

[OutHouse]

not in my state

even if you don't have a card it's an infraction, no worse than a parking ticket.

partial truth. yes its infraction but its worse than a parking ticket because its a still a drug charge that is on you for life. for it to be an infraction it depends upon how much you have in your possession. 1 joint a infraction. 1 kilo = prison

 

[Ns1]

partial truth. yes its infraction but its worse than a parking ticket because its a still a drug charge that is on you for life. for it to be an infraction it depends upon how much you have in your possession. 1 joint a infraction. 1 kilo = prison

actually < 1 oz = infraction

not even a misdemeanor = idgaf

 

[zinfamous]

oftentimes, good ganja smells similar enough to a dead skunk, or even dog doo.

this sounds like a bad idea.

 

[OutHouse]

actually < 1 oz = infraction

not even a misdemeanor = idgaf

point being its still on your record just like a speeding ticket or a parking ticket. so good luck on a security clearance or background checks.