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Was this police search illegal?

Discussion in 'Marijuana Consumption Q&A' started by nativetongues, Dec 24, 2012.

  1. Was smoking a bong in my friends shed in his backyard that is enclosed by a fence. The cops opened the fence and then opened the shed door. They say they smelled it from the streets. Just wondering if the smell is enough probable cause to open a gate and shed doors which were closed? The worst part is my brand new bong is gonna sit in an evidence locker.
     
  2. It is legal search but since he jad no warrant it didnt authorize a house search so the smell is propable cause, but not him entering your house unless evidence was being destroyed
     

  3. :bongin: :bongin: :bongin:
     
  4. the smell of weed is deemed probable cause to search
     

  5. In cars only
     
  6. get a lawyer and i bet youll get off. they clearly have the nose of a blood hound if they smelled it from the street, followed it through the yard, and into your shed. you probably got reported by a neighbor but they knew they couldnt get you for that if you didnt let them so they used their "probable cause"

    you should walk into court, present what i said while passing slowly and methodically, then turn to the jury, pick one member, stare them in the eyes, and say something smells, here and i dont like it! lmao

    or you should call the cops to the stand, and say to him " he who smelt it, delt it"
     

  7. Correct, a domicile building needs much more than just smell for probable cause, a warrant is needed unless there is evidence to show something very peculiar going down, like a drug house, then they'd still get a warrant to protect their evidence obtained since they could afford to hire good lawyers to throw out evidence.

    Smoking weed, you're fine. They did an illegal search, get a lawyer immediately.
     
  8. While what you're saying is true, what the cop did wasn't a 'search'. Look up the plain view doctrine, it basically says that when a cop even just knocks on your door and sees a gun (or in your case, a stoner ripping a bong) he can charge you with it. Like most things, this is okay under the guise of 'officer safety'

    sorry, he didn't break any rules. also if you don't know wtf you're talking about, don't post. I have a feeling there's gonna be a shitstorm of semi-true facts, there always is in threads of this nature
     
  9. #9 bob barker, Dec 24, 2012
    Last edited: Dec 24, 2012
    A house has different rules then a car. I think they can do a ''welfare check'' if the door is unlocked and they had a reason. If your getting charged with anything fight it.

    edit: i cant remember 100% but there is something about entering a fenced yard that is against the law.

    Also laws very from state to state
     
  10. Totally illegal search bro. Fuck those bastards, stand your ground, hire a good lawyer and notify the ACLU. Power to the people!
     
  11. Damn that fuckin sucks
     
  12. he didn't search anything, thus he doesn't need a warrant.

    again, they didn't search anything. Had OP done something as minor as put your bong in a cabinet and padlock it shut, the cop couldn't open it without a warrant.

    Yes, true. However, I guarantee that in court the cop is gonna say they smelled weed, nobody answered the door, they saw smoke emanating from the shed (or some other BS to that effect), they walked up to the shed and opened and WA-LA, there's some guys smoking.

    not a search, bro
     
  13. Just to clarify. The cops didn't look into the shed before they entered otherwise I would have noticed a pig looking through the window. They just opened the shed door to look inside. After we were arrested we found out they were investigating my friends neighbor's house that had been broken into. The neighbor actually walked over to the cops and said "you're arresting these poor guys for pot."
     

  14. yea, you're right.
     

  15. 100% legal. Sorry, man.

    depending on where you live though, it might get dismissed cause a lot of judges/DAs don't like dealing with shit that's this petty
     
  16. #16 Son of Gumby, Dec 24, 2012
    Last edited by a moderator: Dec 24, 2012
    Right on bro, fuck the pigs!
     
  17. this was an illegal search, the obviously entered the porperty snooping around and Opened you shed meaning he searched for where the smell comes from and since he was there in the area investigating your neighbors case, anything that he would come across like weed it wouldnt matter he is there on different terms so you should go before a judge and fight this, youll win
     
  18. Illegal search!
     
  19. I guess haha, the best way to fuck the pigs is to not let them fuck you, aka knowing what they can and can't do



    What you're talking about applies to an actual search, and even then what you're saying isn't entirely correct.

    Basically if a cop gets a warrant to search your house for a stolen car and finds a gram of weed hidden in your dresser, this newfound evidence (the gram of weed) wouldn't be admissible in court because the cop had no business searching your dresser while looking for a car. There's no way in hell a car would be in a dresser, so for him to be even looking there is a violation of your rights.

    On the flip side, if they get a warrant to search your house cause they suspect you've been dealing and they find a stolen car, the newfound evidence (the stolen car) would be admissible in court because in attempt to find the bud you've been selling, they looked in the garage. It's entirely possible weed could be hidden in the garage, so they did have business looking in there.
     
  20. Invest in marihuana scented incense. Then just whip them out every time a cop comes to your door step. Perfect excuse, "Sir, why does your house smell like cannabis?" "Don't worry officer, I wasn't smoking, it was these marihuana scented incense, I promise". Bam, you're golden.
     

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