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OfflineAlan RockefellerM
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Registered: 03/10/07
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The Smell of a Burning Joint Does Not Justify a Warrantless Entry (DO NOT open the door!) [US]
    #7996740 - 02/08/08 03:31 PM (15 years, 11 months ago)

9. Search and Seizure: The Smell of a Burning Joint Does Not
Justify a Warrantless Entry, US Fourth Circuit Holds
http://stopthedrugwar.org/chronicle/522/fourth_circuit_appeals_court_marijuana_smell_search_warrant

Police who entered an apartment after smelling marijuana being
smoked there violated the Fourth Amendment's protections against
unreasonable searches and seizures, the 4th US Circuit Court of
Appeals held in a late January ruling. Evidence found during a
subsequent search with a search warrant based on that illegal
entry must also be thrown out, the court held.

The decision came in US v. Mowatt
(http://pacer.ca4.uscourts.gov/opinion.pdf/064886.P.pdf), in
which Bladensburg, Maryland, police showed up at the door of
Karim Mowatt's 10th floor apartment to investigate a noise
complaint. They smelled marijuana and demanded they be allowed
to enter the apartment, but Mowatt refused, repeatedly asking if
they had a search warrant. Police then claimed they feared
Mowatt had a weapon, forced their way in, and found guns and
drugs. Police then used the evidence they found at the apartment
to get a search warrant to further search the apartment. Based
on contraband found there, Mowatt was charged with various drug
and gun offenses.

Before trial, the trial judge denied Mowatt's motions to
suppress the evidence, buying prosecutors' contentions that the
warrantless entry was lawful because "the risk of destruction of
the evidence of marijuana possession constituted exigent
circumstances." Mowatt was found guilty in May 2006 and
sentenced to a total of 16 years and 5 months.

The 4th Circuit disagreed, noting it was only the arrival of the
offices at the door that created any exigent circumstances.
"Although the officers had every right to knock on Mowatt's
door to try to talk to him about the complaint... without a
warrant, they could not require him to open it," Judge William
B. Traxler Jr. wrote. The officers "needed only to seek a
warrant before confronting the apartment's occupants," Traxler
wrote. "By not doing so, they set up the wholly foreseeable risk
that the occupants, upon being notified of the officers'
presence, would seek to destroy the evidence of their crimes."

US Attorney Rod Rosenstein, who argued the case, wasn't happy,
he told the Maryland Daily Record
(http://www.mddailyrecord.com/article.cfm?id=4205&type=UTTM).
"The implications of this opinion are very broad for what police
officers should do in this situation -- which isn't an uncommon
one," he said. He added that he is working with the Justice
Department to decide whether to appeal the decision.


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OfflinementalIMAGE
21st Century Schizoid Man
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Registered: 04/29/06
Posts: 836
Loc: Canada
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Re: The Smell of a Burning Joint Does Not Justify a Warrantless Entry (DO NOT open the door!) [US] [Re: Alan Rockefeller]
    #7996923 - 02/08/08 04:16 PM (15 years, 11 months ago)

Fantastic, now cops think it's alright to bust down your door because they smell something burning :rolleyes:


--------------------

We are always acting on what has just finished happening. It happened at least 1/30th of a second ago. We think we're in the present, but we aren't. The present we know is only a movie of the past.
Ken Kesey


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OfflineWillsk8t4shrooms
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Posts: 534
Loc: Utrecht, Netherlands
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Re: The Smell of a Burning Joint Does Not Justify a Warrantless Entry (DO NOT open the door!) [US] [Re: mentalIMAGE]
    #7996983 - 02/08/08 04:30 PM (15 years, 11 months ago)

What about the presence of smoke?


--------------------


“we have some shroomers in aisle twelve, I repeat, shroomers on aisle twelve.”


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Invisibleusg543
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Registered: 02/11/07
Posts: 5,192
Re: The Smell of a Burning Joint Does Not Justify a Warrantless Entry (DO NOT open the door!) [US] [Re: Willsk8t4shrooms]
    #7997528 - 02/08/08 06:42 PM (15 years, 11 months ago)

don't have to open it unless they got a warrant... that's cool and all, but now they'll just go get their warrant first.

so dont open your door unless they got a warrant!


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OfflineCiv
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Registered: 10/14/04
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Loc: California
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Re: The Smell of a Burning Joint Does Not Justify a Warrantless Entry (DO NOT open the door!) [US] [Re: usg543]
    #7998741 - 02/09/08 12:27 AM (15 years, 11 months ago)

hell yeah it makes a big diff- +1 good guys -1 team cop.


--------------------
"...Gal's seem to hate the thought of blending chicken shit in a blender.
So, wash it well afterwards & DON'T tell them..."  -Agar


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OfflineFloop
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Registered: 11/28/06
Posts: 179
Last seen: 14 years, 10 months
Re: The Smell of a Burning Joint Does Not Justify a Warrantless Entry (DO NOT open the door!) [US] [Re: Civ]
    #7999345 - 02/09/08 08:03 AM (15 years, 11 months ago)

So, from what Im reading you should actually let them in if they don't have a warrant


--------------------
"The finest emotion of which we are capable is the mystic emotion. Herein lies the germ of all art and all true science. Anyone to whom this feeling is alien, who is no longer capable of wonderment and lives in a state of fear is a dead man. To know that what is impenatrable for us really exists and manifests itself as the highest wisdom and the most radiant beauty, whose gross forms alone are intelligible to our poor faculties - this knowledge, this feeling ... that is the core of the true religious sent iment. In this sense, and in this sense alone, I rank myself amoung profoundly religious men."
-Albert Einstein


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OfflineCaribou_Lou
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Registered: 10/17/07
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Re: The Smell of a Burning Joint Does Not Justify a Warrantless Entry (DO NOT open the door!) [US] [Re: usg543]
    #7999371 - 02/09/08 08:23 AM (15 years, 11 months ago)

Quote:

usg543 said:
don't have to open it unless they got a warrant... that's cool and all, but now they'll just go get their warrant first.

so dont open your door unless they got a warrant!




i thought this was common sense, i don't open my door if i don't know who it is because my apartment always smells like pot.


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