Campus police are called for an odor of marijuana in/around a college dorm(gee, imagine that). They arrive and are able to smell it in the hall. They find the room from which it is coming. They knock and are allowed in. The room wreaks of weed. It's not certain if they are given permission to search the room (I wasn't there so I don't know). They find a little bit of pot and two pipes. The pipes have resin (just pot, no crack). One resident takes ownership of the pot & one pipe, the other just one pipe. They're both charged for the pipes, and one for the pot.
Was there probable cause to search the room even if permission was not granted (but I assume it was) and no search warrant was obtained? Keep in mind these are campus police in a college dorm, if that even matters.
2006-10-03 14:32:31 · 11 answers · asked by Jim C 5 in Politics & Government ➔ Law Enforcement & Police
Yes, there was probable cause. You said that the officers were able to track down the origin of the odor to a particular room, singling it out from the dozens of others. Since marijuana produces a distinct odor when burnt it is reasonable to conclude that if you have smoke, you have weed. That in and of itself is enough to justify a warrantless search under the exigent circumstances rule (the evidence could have been easily destroyed before a search warrant could be obtained) The fact that the occupants gave consent to a search is just another nail in their own constitutional coffin. The fact that the officers were campus police is immaterial. Campus police are sworn law enforcement officers with the power to arrest and seize property as evidence. If they were campus security that would be different.
2006-10-03 15:41:32 · answer #1 · answered by Mike 3 · 2⤊ 0⤋
Yes, the search was justified. Once an arrest has been made probable cause is no longer an issue. The search was then made subsequent to the arrest. My assumption is based on the fact that the pipes were in plain sight and the police didn't have to go digging through drawers to find them.
2006-10-03 14:43:32 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Sometimes campus police are either from a sheriffs dept or a local city dept. Determining probable cause can be touchy, but from what you describe it sounds like there was probable cause.
Considering they were students they not only broke the law but probably also could be put on some kind of probation by the school for not obeying school rules in a dorm. They could be in double trouble.
Just my opinion, not based on any web site.
2006-10-03 18:30:12 · answer #3 · answered by Cat 3 · 0⤊ 0⤋
Probable cause was the odor of marijuana. If they were allowed in after knocking, they are still allowed to search the room based on the probable cause.
Open and shut case.
2006-10-03 17:18:16 · answer #4 · answered by Protagonist 3 · 0⤊ 0⤋
Yes there was probable cause. Also Campus police are police officers just like any other police officer from any other department so it doesn't matter.
2006-10-03 14:36:53 · answer #5 · answered by Maravista 2 · 0⤊ 0⤋
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2016-10-18 10:56:13 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Police are police and probable cause is went they think a crime as been committed then entry and search are warranted.
2006-10-03 14:45:36 · answer #7 · answered by aiddogs5 4 · 0⤊ 0⤋
if there's a report that there's illegal drugs in a dorm, and you're a campus security officer, you have every right to go in there and check the room.
2006-10-03 14:42:47 · answer #8 · answered by Ambiguity 3 · 1⤊ 0⤋
The smell alone is an indication drugs are present giving them probable cause.
2006-10-03 23:46:19 · answer #9 · answered by bob kerr 4 · 0⤊ 0⤋
Yes.
2006-10-03 14:39:25 · answer #10 · answered by Anonymous · 0⤊ 0⤋