Smoking IN your house and getting in trouble...

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curious george

Bluelighter
Joined
May 4, 2002
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63
I dont' smoke, but one of my friends is a pot head and smokes weed at his house all of the time. He lives in a family neighborhood, so I tell him he shouldn't take his chances, as one of those family members may sooner or later call him in.
What would happen to him if one of his neighbors called him in?
I don't think they could get a warrant from them saying they smelled/saw it, but wouldn't they send a cop to check the area for the smell?
And if the cop did smell it could he just bust into the house or would he have to get a warrant first (which wouldn't be very difficult)? I'm worried about the well-being of my friend, so please let me know.
 
Generally, thye police need a warrant to enter/arrest someone inside their home. However, the supreme court is carving out more and more exceptions by the minute so you really cant rely on this any more. Plus, in theory- smelling marijuana routinely in front of a home would probably be enough for the police to get a warrant.

That being said, practically, I doubt the cops would bother with him unless he is thought to be a dealer or involved in another crime. plus, courts (at least in so. Fl) really try and find 4th amendment violations to get rid of bullshit pot possession case. if the guys dealing or has a rediculous amount-thats a whole different story.

The bottom line is that the right wing court has stripped many of our fourth amendment protections. Still, usually cops dont bother with the bullshit and even when they do-courts are much more likely to find 4th amendment violations than they are for say a murder or for someone whose got enough drugs to supply all of miami (or even just a suburb).
 
it depends on how much he has realy. i wouldnt worry about it if i were him.... its just weed
 
WNB posted the below message some time ago, and the site of it worried me. I don't see how going outside is going to help, it seems to me neighbors are much more likely to see you and smell it if you're outside.
I'm sure it matters what size of town you live in, and my friend lives in a college town, population about 45000.

originally posted by WNB
Well, I used to use an open window, fan sucking out it, and nag champa. Worked for three months or so. Than I got busted. A nosy neighbor had called the cops and told them I was smoking weed, because she had smelled incense. Must say it's fucked up my life nicely. So the incense isn't fooling anyone.

So...just go outside. 20 minutes of freezing your ass off is nothing compared to 12 months of pissing in a cup, tons of legal fees, and losing your scholarships.
 
that basicly depends on ur neighbor.... if ur in your house your in your own private domain. even if a cop does come their not gonna bring the whole squad cuz ur neighbor smells "Weed" and they still need a warrent to search your house. if u got a BIG stash of it then i would worry, but otherwize just dont sweat about it soo much
 
That was in an apartment building though, george. But while we're on the subject, here's what the cops did.

They forced entry when I opened the door (didn't know it was cops), but did not search. Instead, they had one cop stand in the middle of my place, and made me sit on the couch for two hours while the other cops went to get a warrent. Cops lied and said I gave them permission to enter on the police report and warrent to cover up any possible wrongdoing. The basis for the warrent was;

-I was really high
-Incense smell
-Open window with fan sucking out of it

Got a good lawyer, but it still was not thrown out on the basis of fourth amendment violations.

Another brick in the wall...
 
the mistake you made WNB, which i'm sure a lot of people would have in the state you were in, was letting the cops in your house in the first place. if you had just looked through the peephole, you would have known to open the door, lock it, be sure you have you keys, and step out closing it behind you. they then have no probable cause other than red eyes, which could be from a cold or any number of legal things. thus no search would have taken place. fuckin sux dude.
 
Liquid SNake said:
notice how he had said forced entry
Click to expand...

No, no, evol's right. I didn't look out the peep hole, and I didn't immediately step outside once I opened the door. The forced entry part was when the cops pushed past me to get in without asking permission to enter. Never again...
 
WNB, was that in a dorm?
Dorm rules are far different than private residences. By signing your residence life contract, you generally give up your right to refuse any sort of search by dorm staff or police.

There is always the risk of an asshole neighbor calling the police after smelling weed and telling them you must be selling drugs to the whole city .. but if you have your own house or apartment its far easier to conceal the smell than living in a tiny dorm room or studio anyhow.

None of my friends have ever had any problems, even with people walking right past the window that smoke was wafting out of ... even if it is a family neighborhood, most likely anyone who smells it will mind their own business, tell their kids to stay away, etc. As long as you're not hitting a bong on your lawn or making a big scene, most people will leave you alone.

Note: If you live in Utah, none of this applies.
 
curious george said:
I dont' smoke, but one of my friends is a pot head and smokes weed at his house all of the time. He lives in a family neighborhood, so I tell him he shouldn't take his chances, as one of those family members may sooner or later call him in.
What would happen to him if one of his neighbors called him in?
I don't think they could get a warrant from them saying they smelled/saw it, but wouldn't they send a cop to check the area for the smell?
And if the cop did smell it could he just bust into the house or would he have to get a warrant first (which wouldn't be very difficult)? I'm worried about the well-being of my friend, so please let me know.
Click to expand...

Warrantless searches and entries exist in a dimension of legal reality that makes it quite difficult to formulate a correct response to your initial question. I.E., it is one of those areas that "we" sort of define the law as we go.

The smell of weed is, IMHO, basis for a valid search warrant.

Having said that, the reality of the situation boils down to the frequency of the weed odor, the resolve of the neighbor and the priority on the totem pole of this "crime" as it relates to the inverse proportion of the staff and crime rate and crime severity currently being handled by the applicable policing agency.%)

Just a thought, invest in some sort of filtration device and/or odor masking products.=D
 
the smell of weed has been used as probable cause. but its a weird system like pottedmeat said. for some reason i want to say the officer has to be certified or some shit to be able to distinguish pot smoke from any other smoke. i mean its not "actual" probable cause if he/she didn't know what weed smelled like. unfortunately i can assure you the court doens't give a fuck. so....i'd say your best bet in the situation would be to step outside your house and lock the door. sadly they still may be able to obtain a warrant. they're not as hard to get as i personally would like them to be.
 
SilverFeniks said:
WNB, was that in a dorm?
Dorm rules are far different than private residences. By signing your residence life contract, you generally give up your right to refuse any sort of search by dorm staff or police.

There is always the risk of an asshole neighbor calling the police after smelling weed and telling them you must be selling drugs to the whole city .. but if you have your own house or apartment its far easier to conceal the smell than living in a tiny dorm room or studio anyhow.

None of my friends have ever had any problems, even with people walking right past the window that smoke was wafting out of ... even if it is a family neighborhood, most likely anyone who smells it will mind their own business, tell their kids to stay away, etc. As long as you're not hitting a bong on your lawn or making a big scene, most people will leave you alone.

Note: If you live in Utah, none of this applies.
Click to expand...

It's a dorm. However, I did not sign away my right to refuse a search by the campus police; notice how I mentioned they had to get a warrent.
 
Re: Re: Smoking IN your house and getting in trouble...

PottedMeat said:


Just a thought, invest in some sort of filtration device and/or odor masking products.=D
Click to expand...

What kind of filtration devices are you referring to? Should my friend use a "doob tube" or are you speaking of something more sophisticated? Please let me know as I'm sure my friend will be willing to go to extra measures if it means he's less likely to get in trouble. As far as odor masking products, what do you mean? His roommates don't care, so I don't see how odor masking products will mask the smell from people in the house next to him. Thanks.
 
^^^
If you are REALLY serious about filtering the air, get that Ionic Breeze machine from Sharper Image. Things cost in the hundreds, but it will kill the smell of ANYTHING. My paranoid ass won't smoke a thing unless that thing is around. ;)
 
the ionic breeze is probably too expensive. hopefully there is some other way to filter the smell before it leaves his house.
 
No, you do not need an Ionic Breeze. Have you seen the movie Next Friday ? All you need is a Shop Vac. Just playin'.:)

Seriously, a hepa filter thingy. I own two very strong ones.

Masking the odor, means to use some sort of spray. Orange cented or check with the local head shop.

If his roomies do not mind, just fire up inside; with the windows and doors closed.%)

evol, makes a good point also. However, I believe most all officer are exposed to the smell of various drugs whilst in training or simply toke up themselves. "Yes, your Honor, I knew it was the odor of weed because I know some good shit when I smell it.";)
 
ev0l said:
the smell of weed has been used as probable cause.
Click to expand...

in california the smell of pot smoke isnt enough for probable cause (unless the law changed since the law textbook i read =D )
 
When cops come to your door, the best thing to do is step out quickly and lock the door before you close it? Why not just not answer it? Would it break some law or arouse more suspicion? This is kind of a sidethought from WNB's experience. Thanks for any input.

Curious George, if smell is really an issue, your friend might look into getting a vaporizer. They are basically odorless (any smell that does occur is very brief) and are efficient enough to pay for themselves fairly quickly if you're a regular smoker.
 
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