Supreme Court: Cops can break-in to your house if they smell weed

Interesting, so if they allegedely smell pot they can come on in......wow.....

DD

 

Hopefully he gets a few rounds off in your gut and then we can get rid of two problems at once.

 

Technically, if they allegedly smell the "destruction of evidence" they can come in.

In this case, they heard scurrying across the floor and assumed the person inside was on his way to dispose of the drugs.

BUT, I guess if we were to pull it out to an even broader perspective (which this ruling would undoubtedly allow) the simple smoking of the mar1juana would be "destruction of evidence" by the very nature of smoking it. So they wouldn't even have to hear any sort of scurrying and yes, I would then assume that if they smelled it, they could come in.

Sounds extreme, but this case leaves open that very real possibility. When's the last time you heard of police not taking full advantage of any loopholes any weakness in verbiage?

 

so, prior to this, if the police smelled pot emanating from my residence they were not allowed to forcibly enter? This info could have assuaged some of my anxiety when i lived in a high-rise!

 

And since the Supreme Court ruled on this is there no way to overturn such a decision except with legislation, even if that?

I know they can overturn their own decisions but what is the likelihood of that happening?

 

Constitutional Amendment is it. Congressional legislation can't overturn the SC interpretation of the Constitution. Any legislation that was passed that went against this ruling would be unconstitutional by definition.

 

i love it

 

then you hate america.

 

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Rulings like this work from either of two presumptions:

The Police never lie

-or-

The Police should have absolute power in all situations.


Which presumption do you think is at work here?

 

Just knock on the door and ask...Hope the city reimburses the cost of the door

 

LOL @ all the stoners up in arms here... :grin:

 

How do you know hes not a real thug?

 

I have two bullet proof vests son. It won't be easy.

plus how am I supposed to react to some one moving about in my dwelling without permission?

I don't smoke weed either. Some one "breaking in" without cause will not be welcomed with a "what are doing here?"

 

You better eat, sleep and **** with them boys on.

 

I think it's larger than a "stoner specific" issue. The expansion of police power under the guise of "exigent circumstances" due to "sounds" are vague vague definitions that can be and will be exploited by police departments to sidestep previous necessities of warrants.

 

One in the car and one in my bedroom.

 

is he a black socially conscious rapper?

 

As another poster noted this is about the destruction of evidence. If the cops had evidence to support that you had mar1juana, like if they saw through an open window you smoking weed or smelled through an open window mar1juana they could enter already under reasonable suspicion.

I will add I am not a lawyer so would be interested to hear more info about that.

This ruling is that if they smell, hear or detect in some way destruction of evidence they can enter. As other posters noted this is very problematic based on what constitutes destruction of evidence.

This is another example of how the war on drugs and the war on terrorism is eroding our freedoms.

Also shouldn't this thread be in the D & D?