Saturday, January 16, 2010

The police can kick in my door if they think they smell pot?

I really with this problem in a previous article dealt with searches, but I'm happy to review it again.

First, the short answer .... NO! Why? The officer must obtain a search warrant, if he suspects that there are considerable amount of pot in a house that corresponds to the distribution laws. Notice I said a substantial amount. Why do a significant amount? No judge is a search request to sign a "joint" or a couple of joints.

Second, the officer is not an expert in drug-smellingbefore a closed door. In addition, the odor might be apt in another. or location.

Thirdly, unlike movies or cop shows on television, it is extremely difficult, in the real world get a search warrant. Police officers must first addressed the judge with reasonable cause. The judges are very careful with the approval of law enforcement to enter each apartment. It is a question of constitutional rights. Believe me, it's a painstaking inquiry.

In the real world the police are veryunlikely that your home under these conditions in place. It is a direct challenge to their fundamental constitutional rights ... stay in your home without harassment.

And while we are on the subject of searches and constitutional rights, the majority of warrants issued by a judge to dictate "Where to Search" to both. It can only give consent to search your garage. If something is law enforcement in your living room or other places is a violation of the rights and is inadmissible in a court.

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