Can The Police Kick In My Door If They Think They Smell Pot?

I truly dealt with this problem in a past article involving searches, but I’m happy to review it again.

First the short answer….NO! Why? The officer must get a search warrant if he suspects that there is sizable amount of pot in a home that meets dispensing violation laws. Notice I said a sizable amount. Why a sizable amount? No estimate is going to sign a search warrant request on a ‘joint’ or a associate of joints.

Secondly, the officer is not a expert in smelling narcotics outside a closed door. Besides, the smell could be originating from another apt. or location.

Thirdly, unlike cop movies or shows on television, it’s extremely difficult in the real world to get a search warrant. Police officers must first approached the estimate with justifiable cause. Judges are very careful about permitting law enforcement to go into any dwelling. It becomes a question of constitutional rights. Believe me it’s a monotonous request.

In the real world the police are very doubtful to go into your home under these conditions. It’s a direct challenge to your basic constitutional rights… to dwell in your home without harassment.

And while we’ll on the subject of searches and constitutional rights, most warrants issued by a estimate will dictate ‘where’ to search in addition. It may only give approval to search your garage. If so anything law enforcement finds in your living room or any place is a violation of your rights and is inadmissable in a court of law.

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