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Legal Question - Neighbors

Discussion in 'Seasoned Marijuana Users' started by VinceHugo927, Jun 10, 2013.

  1. #1 VinceHugo927, Jun 10, 2013
    Hey all, long time reader, first time poster.
     
    I have lived in apartments before without any issues.  However, yesterday, an officer showed up at my door.  I went outside to talk to him.  He told me a neighbor complained annoymously about smelling marijuana and asked if I was smoking.  I said no.  He asked if I had smelled anything, I said no.  We had a brief conversation and he left.
     
    I smoke only in my bedroom, which is in the back of the apartment; I highly doubt the smell was in the hallway of the building, as it doesn't even smell in my living room/doorway.  However, I live above someone, next to someone, and below someone.  It's possible they are smelling it through the walls.
     
    I have three questions:
     
    1)  What rights does an officer have without a warrant?  Yesterday I simply stepped outside and closed the door behind me.  As I said before, my living room/doorway doesn't smell, so the chances of him smelling something outside is nill.  Am I correct in assuming he cannot come in without my permission?
     
    2)  Assume he goes to the person's apartment that called and smells marijuana.  Would he be allowed to enter at that point, or would he not because of the inability to pinpoint origin?
     
    3)  Would the police be able to get a warrant from complaints of smell?  I don't sell and I'm very safe when I pick up so the chances of them being able to tie me to something besides alleged smell is very small.
     
    Thanks for the help in advance.  I'm a very cautious smoker(8 years, this is my first run in with the law) and this has got me freaked out.

     
  2. #2 DragonMage, Jun 10, 2013
     
    A neighbor complained about smelling marijuana and the cop merely asked you if you were smoking. That sounds to me like the neighbor can't say positively it was you, so the cop was basically "fishing". You probably weren't the only person questioned. That is also why he asked if YOU had smelled anything. If you had said yes he would have thought somebody for sure was smoking but still wouldn't know who.
     
    I would suggest searching this site about how to be more slick about hiding the smell. Use incense, use a sploof or "smoke buddy".
     
  3. #3 bondkiller, Jun 11, 2013
    you should have told him you smell it too and that you see some teens hanging around sometimes, then he would think it's just some kids smoking around the building, not someone inside..
     
  4. #4 kdawg209, Jun 12, 2013
    If he smells it he has probable cause to search your apartment without a warrant. So if you were to open your door to the cop right after you smoked, he could legally search you and your apartment. He could even lie and say he smells it and push passed you, hopefully hes not dirty enough to do so.
    Also, just because you cant smell it doesnt mean others cant either. Your nose just gets adjusted to the sweet, wonderful aroma so im pretty sure more than just your bedroom smells
     
  5. #5 LovesDiesel, Jun 12, 2013
    If the cop had smelled marijuana coming from inside your apartment, that would probably give him probable cause to get a search warrant for your apartment, but without your permission, he can't come in without a warrant just because someone claimed they smelled marijuana. 
     
  6. #6 *guest, Jun 12, 2013
    Last edited: Jun 12, 2013
     
     
    Actually in most states (maybe even all, but I'm not sure on that) they can't enter someone's residence based on smell alone. If you open the door and they see a bong or a bag of weed or whatever, then they could definitely search, but they usually can't enter against your will because of a smell. 
    And no, usually they won't be able to get a warrant based on just a smell either as far as I know. 
     
    Check your lease, though. Specifically the clause about when your landlord can enter your apartment, because sometimes there is a section about "illegal activity" which may allow police to enter with the landlord. But honestly, it's really not very likely unless you're involved in some serious shit.
     
    If I were you, I probably just wouldn't even bother answering the door if it happens again. You aren't required to open the door just because a police officer is outside. 
     
  7. #7 420time229, Jun 13, 2013
    if a cop comes to your door the best thing to do is to not open it. ask him if he has a warrant(which he doesnt) and tell him to leave you alone and have a nice day. lol
     
  8. #8 notRoger, Jun 13, 2013
    more than likely the cop doesnt care and is only asking questions because one of your nosey neighbors complained.  just something to write down his report so it looks like he did his job when in reality he doesnt really just doesnt care.
     
  9. #9 notRoger, Jun 13, 2013
     
     
     but thats like the whole "lock your stash in a case or in the glove box of your car" method.  you let the cop search your car and when they come across a locked item and ask you to open it, once you say no they know there is something in there.  then out comes the easy way or the hard way, hard way being dogs and warrants and a whole bunch of time wasters and politics to come.  
     
     
    when dealing with small quantities of marijuana i have come to the conclusion of open honesty.  once you're caught you're caught and now its time to focus on how to talk your way out of it or at least stop you from going through the process of intake.  the times ive actually been arrested for marijuana were the times ive tried to get sneaky and either destroy or conceal.  they dont like that because it makes their job harder, and if you make their job harder they will make your life harder.  
     
    you only got a 1/4oz?  more than likely the cop will write you that ticket and you got to go to court.  try to give him the run around and you'll be hanging out in intake for 20hrs waiting to see the judge to leave.  
     
     
  10. #10 *guest, Jun 14, 2013
     
     
    It's your house though, not your car. Maybe you're naked, maybe you're showering, maybe you're taking a shit, maybe you have headphones on and didn't hear the knock, there's a million good reasons for not answering your door. A lot of times they might not even know whether you're home or not. :p 
     
  11. #11 Joshmcmillan, Jun 14, 2013
    He can not search, or even enter your apartment without your permission, or probable cause. If he asks to search around, just say "I don't consent to searches", he doesn't have to know why. But if he does indeed smell weed, he can search without your permission (as that's probable cause).

    Be careful
     
  12. #12 notRoger, Jun 14, 2013
     
    good point.  come to think of it every time a cop showed up at my house they were specifically looking for me.  
     
    i was at a friends apartment when the cops showed up to tell them to not be alarmed and their elderly neighbor died so the emts and coroners were there for natural causes.  then they said something about how it smelled like a cheech and chong movie, laughed and went about their business.
     
  13. #13 *guest, Jun 14, 2013

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