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In a 4-3 decision, the highest court in Kansas resolved conflicting decisions at the appellate level to rule that if police smell raw weed when outside a Kansas home, they can conduct a warrantless search of the home based on probable cause. This smells fishy on many different levels, as pointed out by the minority opinion, but the ruling will stand. Prohibits law enforcement agencies from conducting a search and seizure on a person’s property without any evidence. If the property in question happens to be your residence, the officer must obtain a warrant before he can legally enter your home and search it for contraband. As you might expect, there are many unanswered questions regarding the legalization of marijuana.
Fortunately, recent changes to the law and rulings by courts have limited police officers’ ability to perform searches based on claims that they smell marijuana. When a police officer smells marijuana coming from your home, it is considered probable cause for an arrest. In order for the police to enter your home without a warrant, they must have first smelled marijuana.
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Depending on the state in which you live, you may also be charged with intent to distribute, if the police believe that you were selling the weed. Because juvenile drug use is such a problem, the issue is extremely serious in the United States. In the United States alone, more than 64% of arrests for people under the age of 18 in 2017 involved drugs. Based on data from the FBI, a rehabilitation treatment facility called GreenhouseTreatment.com analyzed data from the FBI to determine how juvenile drug arrests compare across the country.
Thereafter, you should have a better understanding of your backyard setting . “We decline to grant the aroma of burning marijuana a place on an exclusive, limited roster of exceptions to the requirement that a warrant be secured before a lawful search can occur. The dissenting justices argued that the majority was missing the whole point the defense was trying to make.
Can the Police Enter a Home if They Smell Burning Marijuana?
It should pass away after three to five hours if you smoke next to an open window and then turn on a fan. The aroma of cannabis is caused by sticky, shiny crystals on its leaves and buds called trichomes. A strong odor of mold can also be detected by your nose before it reaches your eyes. If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.
This statement is required by rule of the Supreme Court of Missouri. Neither the Supreme Court of Missouri nor The Missouri Bar reviews or approves certifying organizations or specialist designations. The NBLSC and the NBTA are certified and approved by the American Bar Association.
Your Constitutional Rights Regarding Searches and Seizures by Law Enforcement
However, in some states, the sale, possession, and use of marijuana have been legalized. If you smell weed and are not sure if it is legal in your state, you may want to call the police. If you are certain that the weed is being smoked in a public place, you may want to call the police.
However, absent other evidence (e.g., information from a known, reliable informant or evidence discovered in plain view), law enforcement will have difficulty obtaining a search warrant. Therefore, if an officer smells marijuana coming from your residence, the officer will most likely attempt to gain access via consent. If you believe that you have been the victim of an illegal search, in violation of your Fourth Amendment right to be free of unreasonable search and seizures, contact a local criminal defense attorney. Police are notorious for pressing the limits of probable cause and warrantless searches, and every state's standard is different.
What Causes a Cop to Search Your Vehicle for Marijuana?
The case involved five terrorism suspects who were arrested shortly after 9/11 and said they were flown by a Boeing Co. subsidiary to prisons around the world where they were tortured. Circuit Court of Appeals in San Francisco cited national security risks in dismissing the men’s case last year. They didn’t know which one the suspect had gone through, but, smelling burnt pot, chose the apartment on the left.
At Flex Your Rights, we hear many stories from people who’ve been arrested, and smoking marijuana in public places like vehicles is the #1 cause of avoidable arrests. All you can really do is say, “Officer, I have nothing to hide, but I don’t consent to any searches.” If they search you anyway and something is found, you’ll need an attorney to help you fight the charges. Unfortunately, police sometimes use tricks like this to circumvent your constitutional rights and there’s no perfect way to handle the situation. Of course, they are most likely to do this if they are suspicious of you for some reason, so do your best to stay calm. For more than four decades, marijuana has been illegal in the United States.
Smoking is a huge health risk, not only because it harms your health, but also because it harms your neighborhood. If you’re having difficulty breathing due to your neighbor’s smoke, or if you’re just concerned about your own health, you’ll need to take a more friendly and educational approach. You should notify your neighbor that you are experiencing smoke problems, and that you are concerned about your own health. If they are willing to work together to achieve a mutually acceptable solution, you may be able to persuade them to give up smoking without much difficulty. The unmistakable odor of cannabis is potent and recognizable, and if a neighbor is smoking it, you should be able to detect it when it is first exhaled into your home or garden.
In addition to the District of Columbia, Guam, and the Northern Mariana Islands, several other states have legalized the recreational use of marijuana for medical purposes. Despite federal law, marijuana use and possession remains a crime. It appears that the Trump administration intends to change federal marijuana policy, and some members of Congress are working to legalize it. Several factors have led to the legalization of marijuana in various states.
Some people are concerned that the changes will lead to an increase in addiction. While some experts argue that using marijuana has some unpleasant consequences, they believe that legalization provides a number of positive benefits. The police cannot enter a home based on the smell of marijuana alone without a warrant. The backyard is what is called "cartilage" and is also protected. Police officers can not storm into the yard and look for a ''pot smoker''....and backyards are typically protected from warrantless searches . However, there are too many factors involved before you start smoking , again, in your yard and you should Google the word, ''CURTILAGE''.
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