Officers recognize pot by smell...

ricksfolly · May 17, 2011

The Supreme court has just ruled that if an officer smells pot through a door, a search warrant is not necessary, they can break down the door, all based on the questionable ability of officers to recognize odors through a tightly closed door.

Of course this flies into the face of the forth amendment, protection from unreasonable search and seizure. To make the ruling more clearer, it should read "smell pot through an OPEN DOOR."

ricksfolly

tessaesque · May 17, 2011

ricksfolly said:
The Supreme court has just ruled that if an officer smells pot through a door, a search warrant is not necessary, they can break down the door, all based on the questionable ability of officers to recognize odors through a tightly closed door.

Of course this flies into the face of the forth amendment, protection from unreasonable search and seizure. To make the ruling more clearer, it should read "smell pot through an OPEN DOOR."

ricksfolly

If the cop hears a man beating the hell out of somebody through a closed door they can probably also enter without a warrant.

Slartibartfast · May 17, 2011

If an officer has evidence that a crime is being committed, it is reasonable that they would act on that evidence.

ARealConservative · May 17, 2011

I used to think a family of skunks lived a few miles down the road in one of those u-store-it type places. the same area was smelling skunky ever few months.

then I read in the paper abut a huge bust of a grow operation at those storage sheds, and the skunk smell disappeared never to come again.

Now, I'm not the sharpest knife in that thingy we use to to store the knives, but I think maybe those weren't skunks?

anyway, my point is, if I can smell a skunk in the car with, you, and I don't see a skunk, isn't that enough for probable cause?

Slartibartfast · May 17, 2011

ARealConservative said:
I used to think a family of skunks lived a few miles down the road in one of those u-store-it type places. the same area was smelling skunky ever few months.

then I read in the paper abut a huge bust of a grow operation at those storage sheds, and the skunk smell disappeared never to come again.

Now, I'm not the sharpest knife in that thingy we use to to store the knives, but I think maybe those weren't skunks?

anyway, my point is, if I can smell a skunk in the car with, you, and I don't see a skunk, isn't that enough for probable cause?

Not all pot smells like skunks. Different varieties have their own smell.

tessaesque · May 17, 2011

ARealConservative said:
I used to think a family of skunks lived a few miles down the road in one of those u-store-it type places. the same area was smelling skunky ever few months.

then I read in the paper abut a huge bust of a grow operation at those storage sheds, and the skunk smell disappeared never to come again.

Now, I'm not the sharpest knife in that thingy we use to to store the knives, but I think maybe those weren't skunks?

anyway, my point is, if I can smell a skunk in the car with, you, and I don't see a skunk, isn't that enough for probable cause?

"No officer, it's just my pet skunk, Peter. Peter, come say h...Peter? Oh sh*t, he must have gotten out! He's been domesticated!! Help me find him, he could be in danger, officer!"

ARealConservative · May 17, 2011

megaprogman said:
Not all pot smells like skunks. Different varieties have their own smell.

seems like the market will start producing less skunky pot then, since the smell is so dangeous to detection.

my understanding is the good stuff smells skunky, and nobody is interested in doing away with the good stuff.

but anyway, a cop can certianly learn the common smells from regional variations of the drug, and I see no reason why it isn't evidence used for probable cause.

but I have an open mind (and am pro-legalization anyway). why can't the smell be used as evidence?

Slartibartfast · May 17, 2011

ARealConservative said:
seems like the market will start producing less skunky pot then, since the smell is so dangeous to detection.

my understanding is the good stuff smells skunky, and nobody is interested in doing away with the good stuff.

but anyway, a cop can certianly learn the common smells from regional variations of the drug, and I see no reason why it isn't evidence used for probable cause.

but I have an open mind (and am pro-legalization anyway)

I am not a pot aficionado, so as far as I know, the good stuff does smell like skunk. However, I doubt there are going to be many skunks in the middle of a city, however, in the suburbs or country, possibly. I think this sort of thing should be taken into account situationally.

ARealConservative · May 17, 2011

megaprogman said:
I am not a pot aficionado, so as far as I know, the good stuff does smell like skunk. However, I doubt there are going to be many skunks in the middle of a city, however, in the suburbs or country, possibly. I think this sort of thing should be taken into account situationally.

skunks do quite well in a city.

but it doesn't matter. the smell of a real skunk spreads over a wide area, but I assume someone with a small amount of pot doesn't smell that strong until you get right up to it. So if I was a cop, and didn't smell a skunk until I was inches frm the window of a car, I would naturally assume the peson had weed on them, and would consider this strong enough evidence to warrant a search.

I am having a hard time faulting SCOTUS for allowing it, someone needs to convince me why this is wrong, because it doesn't seem wrong to me.

Slartibartfast · May 17, 2011

ARealConservative said:
skunks do quite well in a city.

but it doesn't matter. the smell of a real skunk spreads over a wide area, but I assume someone with a small amount of pot doesn't smell that strong until you get right up to it. So if I was a cop, and didn't smell a skunk until I was inches frm the window of a car, I would naturally assume the peson had weed on them, and would consider this strong enough evidence to warrant a search.

I am having a hard time faulting SCOTUS for allowing it, someone needs to convince me why this is wrong, because it doesn't seem wrong to me.

I agree with the SCOTUS on this one as well.

ricksfolly · May 17, 2011

tessaesque said:
If the cop hears a man beating the hell out of somebody through a closed door they can probably also enter without a warrant.

I don't know about your closed front door but mine is thick, weather sealed, and impossible to smell or hear anything on the other side.

To protect against the possibility of a smart defense, just have it read open or partially open door.

ricksfolly

ARealConservative · May 17, 2011

ricksfolly said:
I don't know about your closed front door but mine is thick, weather sealed, and impossible to smell or hear anything on the other side.

To protect against the possibility of a smart defense, just have it read open or partially open door.

ricksfolly

what about windows?

ksu_aviator · May 17, 2011

Ya, pot smokers never realize just how bad they smell. This is a correct ruling, the odor of pot is a legitimate reason to believe a crime is being committed.

ARealConservative · May 17, 2011

ksu_aviator said:
Ya, pot smokers never realize just how bad they smell. This is a correct ruling, the odor of pot is a legitimate reason to believe a crime is being committed.

bad is subjective. if a substance provides joy, and has a distintive smell, it is naturall for the smell to be percieved as good, not bad.

so I imagine pot smokers think other pot smokers smell great.

croniccynic · May 17, 2011

ARealConservative said:
bad is subjective. if a substance provides joy, and has a distintive smell, it is naturall for the smell to be percieved as good, not bad.

so I imagine pot smokers think other pot smokers smell great.

I live in an area where quality weed is grown and people take pleasure drives through the countryside around harvest time just to smell the aroma.

Kal'Stang · May 23, 2011

When I worked at an in as a janitor it was not uncommon to smell pot coming from a room. The cops would get called and they'd come and let the cops into the room (the inn's security that is...place is also a casino). All based on the smell. Pot smell is quite distinctive.

OldDominionWhig · May 23, 2011

ricksfolly said:
The Supreme court has just ruled that if an officer smells pot through a door, a search warrant is not necessary, they can break down the door, all based on the questionable ability of officers to recognize odors through a tightly closed door...Of course this flies into the face of the forth amendment, protection from unreasonable search and seizure. To make the ruling more clearer, it should read "smell pot through an OPEN DOOR."

You are simplifying the argument present to the SCOTUS in Kentucky v. King to a fault. Nowhere in the in the case did the Courts rule the smell of cannabis through a door removes the requirements of the Fourth Amendment. There were specific arguments brought in reference to exigent circumstances and whether they were created by the police, but it is patently wrong to distill the ruling to the conclusion you stated.

Here is a link to the SCOTUS opinion.
Kentucky v. King

Manc Skipper · May 23, 2011

You wouldn't like it in the UK then...

"Synopsis
On a routine patrol in Milton Keynes Chris, the pro-active squad's drug buster no. 1, smells a massive whiff of cannabis coming from a boarded up house. Suspecting the source's more than just a joint Chris and Simon bash on the spot the door and find a huge cannabis plantation with more than 650 plants - enough to harvest every week 25 grand's worth of cannabis.... "

It's a UK "reality" cop show. They were walking back to their car past the house after visiting further up the road on something unrelated, when one cop smelled what turned out to be a cannabis farm.

Optus - signon error

Aunt Spiker · May 23, 2011

ricksfolly said:
The Supreme court has just ruled that if an officer smells pot through a door, a search warrant is not necessary, they can break down the door, all based on the questionable ability of officers to recognize odors through a tightly closed door.

Of course this flies into the face of the forth amendment, protection from unreasonable search and seizure. To make the ruling more clearer, it should read "smell pot through an OPEN DOOR."

ricksfolly

LOL - of all the things to have an issue with.

If someone wants to smoke freely they should push for it to be legalized.

Psychoclown · May 23, 2011

I'm staunchly pro-legalization and a big believer in the 4th amendment, but I honestly I don't see the problem here. I wish pot was legal, but it isn't. So if an officer does smell it (and yes, it is a very distinctive smell), that's probable cause that a crime is being committed. Hence, they can enter without a warrant. Seems pretty cut and dried to me.

Aunt Spiker · May 23, 2011

Psychoclown said:
I'm staunchly pro-legalization and a big believer in the 4th amendment, but I honestly I don't see the problem here. I wish pot was legal, but it isn't. So if an officer does smell it (and yes, it is a very distinctive smell), that's probable cause that a crime is being committed. Hence, they can enter without a warrant. Seems pretty cut and dried to me.

Pun intended!

Yeah - really - people smoke KNOW it smells unique and is noticable which is why many people I use to know would eat instead of smoke - or would lite incense and other smells.

American · May 27, 2011

ricksfolly said:
The Supreme court has just ruled that if an officer smells pot through a door, a search warrant is not necessary, they can break down the door, all based on the questionable ability of officers to recognize odors through a tightly closed door.

Of course this flies into the face of the forth amendment, protection from unreasonable search and seizure. To make the ruling more clearer, it should read "smell pot through an OPEN DOOR."

ricksfolly

Could we have a link please? This is likely another duplicate thread.

Harry Guerrilla · May 27, 2011

Sometimes tobacco briefly smells like weed.
Just saying.

American · May 28, 2011

Harry Guerrilla said:
Sometimes tobacco briefly smells like weed.
Just saying.

When does it smell like pot?

RadicalModerate · May 29, 2011

megaprogman said:
Not all pot smells like skunks. Different varieties have their own smell.

Now how would you know that, Wavy Gravy? Probably got a bundle of Thai Sticks in your back pocket and a couple lids of some crazy Columbian hash you got from a fella named Sanchez! Shoulda stayed at home, sucking on your huge bong and tripping out to Phish albums and your totally groovy lava lamp!

ARREST THIS MAN!

Officers recognize pot by smell...

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