If police knock at door

they need an order

so just say get out of my property

 

You absolutly have that right. However living in an apartment complex my pose a problem. If the Apt Mgnt is concerned they may (depending on your lease) allow the Police into your residence if there is probable cause. Check your lease provided you have a copy.

 

Yea, Ive had friends whose landlords have let the police in.. check your lease agreement.

 

Correcto- cant search your house without a warrant, unlessssss probable cause applies to your house (sees your bong). Not sure if it does or not, but I saw some cops episode or something where the police "let themselves in" because they saw bongs and pipes on these dudes table.

 

Correct me if I'm wrong, but I believe the smell of weed alone is probable cause enough to enter. I believe it's probable cause enough to search a car, so I don't know why a home would be different.

So, if your neighbors call because they smell weed, the cops will probably smell it when they get there too. Depending on what you are smoking out of I guess.

If you are worried, which you obviously are if you are asking this question, just take every precaution you can. Smoke through dryer sheets, smoke as far away from your neighbors doors/windows, don't smoke blunts as they leave a potent smell behind, use incense and sprays, etc....

 

No police need a search warrant to enter someones house, probable cause or not. If there is probable cause to enter someones house they can take the time to get a warrant for it.

Houses are private property, cars are not, unless they reside on your private property.

 

Makes sense. They can search your car if they smell it though right? Or am I just way off on all accounts?

 

Yeah they can, if your car isn't on your property.

 

They can still search just off probable cause, regardless of whether they have a warrant or not.

Fucking with the police is kind of like playing chicken with a train, even if you take them to court for something they can still come up with some silly shit to say to get them off.

Play it safe and chill for awhile, cops tend to be pricks.

 

You're in canada. Laws may be different there. The 4th Amendment protects against unreasonable search and seizure. It makes the distinction between probable cause and a warrant. Either allows them to search.

 

Didn't catch that.

In most states cops can search your house with probable cause, I'm not sure if it is the same in all states. Never lived in Canada, but I hear it is a really chill country.

 

This guy ^
I approve.

 

I mean in the US as well, police need search warrants to search a house, if you allow them in then its a legal search, but you are allowed to tell them you don't approve the search.

 

Oh right, totally forgot about the plain view rule, so just keep anything out of the view of the window.

 

Smell is enough to search your house. Had some buds busted about a month ago for that.

 

This heavily depends on the state you are in; as some states classify weed possession as a crime, other states it is seen as a violation. If your in CA, NY, NJ( not sure of others) the smell of pot, and the visual eye of a glass pipe product is not probable cause as both are violations. However, in states that deem possession as a criminal charge then yes it is grounds for them to search your home.

Cars are still property and protected so, but the smells, or sight of paraphernalia is cause for search due to the fact that you are breaking both possession laws and possibly committing a traffic crime of driving under the influence. Because it puts others in danger they have the right to search your car.

However, if the cop does not smell MJ, and only a civilian identified it that called the polce then there are no grounds for any searching of your property or self.

 

This is false. If they have reasonable cause to believe a crime is being committed they have what is called 'exigent circumstances' and can enter.

In other words if they smell pot smoke or look in a window and see drug paraphernalia, they can enter without a warrant.

 

Thank you 4th amendment