Was this arrest wrong?

Question

I am looking for opions on this bc i have mixed feelings. Last week on veterns day the cops buzz my apt. at 530am I let them in and they said they had a complaint about my tv being too loud. I was sleeping and the tv was not on. While they were in they heard my neighbors tv which was very loud and they said whoever called in must have given them the wrong apt number. So they went to my neighbors and knocked on his door. I guess he jsut finished smoking weed bc when he opened the door it smelled bad. Now I know smoking weed is illegal but my neighbor is a sweet 60yrs old vietnam vetern who is a little bit messed up in the head. He got arrested and charged on possesion. now i know it is illegal but i feel bad for him. He was not driving he was in his own home. I think i mostly feel bad bc he is harmeless and old. Just wanted your opinon on it. thanks

Answer 1

When considering the circumstances of an arrest you should try to never consider RIGHT versus WRONG. These are words of opinion. Try instead to consider the arrest on the basis of LEGAL versus ILLEGAL. These are words of fact.

I have been a police officer for over 11 years. There are alot of laws out there that I personally do not support - personal use of marijuana being one of them. That being said, I enforce the law - arrest and cite people for marijuana possession - because it IS the law.

So, to answer your question, was the arrest right? That depends on who you ask. Was the arrest legal. Sure sounds like it.

Answer 2

You know it gets seriously old when the people you are sworn to serve and protect do nothing but question what you do. I swear in this day of CSI and what not everyone thinks they are an attorney. Every single one of your responders is wrong. and here is why...

1. The police were called to a disturbance. This gives them the RIGHT to be at your neighbors door.

2. Upon opening the door a cloud of marijuana smoke came out. This gives the police probable cause (not reasonable suspicion like one of the other answers said) to believe that illegal activity was occuring. The probably cause was because of the "plain view" doctrine which happens to include "plain smell" and "plain feel".

3. Just because people are old or vets does not exempt them from the law.

And im really sick of people saying things like "im sure you have more important things to do" like one of the answers said. Just remember all of the thing police put up with on a daily basis next time you want to complain.

Answer 3

It's so wrong I had to go puke. The crummy, small minded idiots who have answered "well, it is illegal," should be shunted into a jungle hell for a year and forced to kill Asian people, or at the very least support their killing. Unlike themselves, some people actually have feelings. The weed probably helps the guy out, and its most likely where he learned to smoke it anyway! On top of that, this sounds like illegal search and seizure. How does the smell of pot allow cops to enter a man's home at five thirty in the morning. A lot of things smell like pot. Since when do we live in a police state. If he would have kept the door shut, would they have been able to break it down and shoot him? The whole thing is absurd.

Answer 4

Technically and legally the police had "reasonable suspicion" and were thus justified in making this arrest. That being said, you'd think that these cops would've cut the guy some slack. Surely they have more important and more dangerous criminals to pursue. If this guy did or said anything to tick off the police then it's no wonder. If not, this isn't a very serious offense and even a court appointed attorney could successfully plead for leniency from a judge.

Answer 5

Going to the court that issued the warrant might desire to no longer be a bad thought, yet i do no longer recognize how plenty it may help. Is the warrant for somebody the comparable age and hassle-free description, if so then he's in for a life-time of aggravation, if no longer, then they might desire to ascertain those products are patently stated on the warrant. in the adventure that your brother is, say 29, and the guy they're searching for is in his 40's, then that could desire to be a no-brainer for the cops. in the adventure that your brother has eco-friendly eyes and this different guy has blue, there you pass. in line with threat hair shade or tattoos. i might see if there became into besides that it would desire to be placed into the equipment and warrant that this data be added, to assist relieve your brother of a sizable sort of waisted time and pointless aggravation.

Answer 6

it is the law and they did what was right, if his tv had not been that loud the cops would have never been there and would not have arrested him. It is sad that Vietnam Veterans have been forgotten most got into drugs when they were there and nothing was done to help them when they got home it really is to bad.

Answer 7

I feel bad because he is a vet. The VA is very stingy when it comes to pain meds and he was probably just self medicating.

I understand the arrest because he was breaking the law. And I wouldn't want to be living next to a pothead who blasts his TV at 0500, I don't care how sweet he is the rest of the time.

You are a very nice person to care about him, though.

Answer 8

I guess I am getting old and stupid,our constitution says a mans home is his castle, under the constitution he has authority to defend it against any and all,and to do what ever he deems necessary for his welfare and comfort, ?? is this another rights pissed down the toilet by our comrad leaders in Washington? if I under stand the bill of regrets correctly a man can do what ever in his castle, as long as it does not hurt some one else, so explain how a man smoking a joint in the privacy of his home can be infringing on any one Else's rights, or harming them? Is this the **** we fought for and many died for? I think not.as for you idiots who keep saying he broke the law, yes he did, but the law is supposed to be made for the protection of the people and their property , how the hell can you define this as protection,
Again old Ben Franklin said the gov, would become our worst enemy , well????

Answer 9

Once your neighbour is charged by the police for the possession of illegal substance it falls in legality.To save this sweet Vietnam Veteran you may got him free by producing bail.Try to talk to the authority,explain to them you are doing it out of respect and he is not trouble maker. I am proud of you that inspite of your trouble visiting cops early in the morning, you are a sympathetic and caring neighbour.

Answer 10

You are not seeing the big picture.

1. Where did he buy the pot?
2. Where did they get it from.

You fail to see the seriousness of the crime when you look at it at face value - screw the guy, he broke the law. When he buys that pot he is supporting an illegal cartel that enslaves its workers and rapes their women

Look at the big picture dude, and grow up. Justice is the only thing we have to keep order in society.