When can the police search your private property?

Question

If you are in your house and a cop comes to the door to tell you your dog's out, and smells marijuana....is that grounds for a search?

Answer 1

1

Answer 2

That would be very touchy, but the odor of marijuana would give him Probably Cause. If your dog is out in the yard and there are leash laws or fence laws....or your dog is causing problems...then that becomes a reason for the officer to come to your door. Once you open the door....the odor gives him probable cause to search. Plain sight also gives him the right to search.....if you had a pot plant out or cocaine on the table.

Your lawyer would argue illegal search on the grounds that he had no business coming to your door in the first place. The prosecution would have to show that he did have reason to come to the door.

Answer 3

specific, he did have the perfect to seek your automobile. IF there became call made by ability of the owner approximately "the different adult males" that gave the officer permission and reason to be on the valuables himself and placed you below actual looking suspicion extraordinarily if the "different adult males" have been doing some thing like unlawful discharge of a weapon. IF the officer became there of his very own accord and the "different adult males" have been a fabrication to apply actual looking suspicion as an excuse then no he became no longer interior of his rights as an officer to realize this. even nonetheless, in case you had in basic terms exited the indoors maximum property/inner maximum street then and he became waiting on the go out off property specific he had the perfect to realize this, because of the fact which you have been in violation of the regulation for unlawful trespass. became there a demonstration published? additionally, that's fairly useful to remember that IF an officer has ANY reason to internet site you, that provides them the perfect of arrest. Ticketing is in lieu of arrest and the officer could make that decision. as a effect even some thing as minor as no longer utilising your turn sign is punishable the two by ability of citation or arrest. The regulation is complicated and the possibilities at the instant are not on your want. * a sprint usually used actuality approximately inner maximum roads: If the decrease is rounded extremely than squared its a private street.

Answer 4

Smelling marijuana would be probable cause for a search of your private property. However, a good lawyer could prove that the search violated your constitutional rights (because many things "smell" like marijuana). JMHO, of course.

Answer 5

Whenever they have enough probable cause to convince a judge to issue a search warrant.And it is not as easy as you would think for if they are wrong and find nothing your constitutional rights have been violated and you can sue the cops and the judge that issued the warrant and win a settlement.

Answer 6

Yes, What fool answers the door for the cops when the house smells of pot. No one says you have to answer too late for you I bet.

Answer 7

Yes. End of story. What if he saw a body lying on your living room carpet? Same thing.

If he chases a suspect through your yard and sees your pot plant, you are also busted. The law states 'UNreasonable search and siezure'. Smelling your blunt incense is reasonable.

Answer 8

They need a search warrant, your home is your castle.
Your taxes pay policemen. You have the right not to even go to the door, unless there is a search warrant.

Answer 9

When they have search warrant... the case that you specified is not sufficient ground for a search...

Answer 10

yes normally, most states allow the sense of smell to be used as probable cause.