Here is what an officer really needs to search a home without a warrant: probable cause and exigent circumstances.8 The smell of marihuana is probable cause, and there are three types of exigent circumstances: Thanks for being so clear, Supreme Court. …”7 So, you always need a warrant-unless you don’t. Searches and seizures inside a home without a warrant are “presumptively unreasonable.”6 However, sometimes “the exigencies of the situation make the needs of law enforcement so compelling that warrantless search is objectively reasonable. The Fourth Amendment analysis starts when the police move past the front door.
Normally police officers have to corroborate an anonymous tip with the officer’s own observations,4 but police may approach a house or any area open to the public in the same way any other individual may.5 However, if officers want to search a house, they need a reason to enter. In a dispatching for loud music and marihuana, police have the right to show up and knock on the door. The first issue defense counsel may try to argue is that the police had no right to contact the subjects in the first place. I arrested all three of them and placed them in handcuffs double-locked.” Bob said he didn’t know who owned the weed.
Snoop requested a lawyer, and Willie said he was smoking earlier tonight but that the weed belonged to Bob. Bob said it was his apartment and the other two were just visiting. The defendants were Bob Marley, Snoop Dogg, and Willie Nelson. Once the apartment was secured, I told everyone to sit on the couch. “I did a protective sweep of the residence to ensure that no other subjects were present. The dragon and teddy bear were later discovered to be bongs as well. Also on the table were a gas-mask bong a 3-foot-tall, Chinese-style dragon and a Teddy Ruxpin doll. I noticed three people sitting around a table in plain view with a baggie of a green leafy substance that I recognized as marihuana based on my training and experience. “Once inside, the odor of marihuana became suffocating to the point that I began to cough and get an acute case of the munchies. I became suspicious of the noises and entered the apartment. I then heard shuffling inside the house and know that illegal drugs may be easily destroyed. I knocked on the door and announced myself as the police. Upon arrival I smelled the odor of marihuana emanating from the apartment. Ag, was on duty wearing my outstanding and fashionable standard police uniform and was dispatched to 123 Random Apartment after receiving a noise and odor of marihuana complaint. I hope it will arm you with what you need to see that justice is done at these hearings. The article gives a sample set of facts in police report style, then discusses likely suppression issues. This article is designed to help a prosecutor preparing for a suppression hearing in this scenario.
The automobile exception to the warrant requirement allows the police to search a motor vehicle when the officer smells marihuana coming from the car.3 That is easy enough.īut when the potheads get together and start annoying the people in the apartments or houses around them, police are often called to the scene because of loud music or the odor of marihuana. I have smelled it in apartment complexes and coming from the car in front of me at a red light. It reeks to high heaven, and the odor makes peace officers want to search everything from cars to baby dolls. Puff, puff, give.1 Apparently everyone who smokes marihuana2 does it with friends. Assistant County Attorney in Brazos County
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