smoking weed?

Question

me and my friend is having a debate over if you are smoking weed in your own home and the cops smell it right you can get arrested. I say yes my friend said no that no cop is going through all that paper work for a blunt. I still belive the cops can arrest you who is right me or my friend.

Answer 1

You got a couple issues going here.
First the cop smelling the marijuana now has probable cause and can use that to obtain a search warrant for your house. Your buddy is partially right in that doing all the paperwork might not be worth it for such a small bust. But, the cop can certainly do it.
Change your scenario a bit. You are smoking a joint in a car, the cop smells the joint. Now he can search your car without a warrant. The standards for searching a home are far more stringent than for searching a vehicle.

Answer 2

depends on the cop first. then the amount if you got over a ounce your going down for a felony 30 yrs and a one million dollar fine if its all rolled or bagged. that would include the intent to sell.
with just a blunt or less than a ounce you could be looking at a misdemeanor charge with a 250 fine and 6 months probation. either way you get you name plastered in the paper and you spend 8 hours in jail. Hummm dont know think i would pass.

Answer 3

it all matters. if they smell '' it '' that gives them propable cause to search the property.
if '' it '' was disposed of in the fire, there is no evidence of '' it ''. so unless you incriminated yourself and told them what '' it '' was. they couldnt of found any evidence so how can you be arrested ? however the cops might not play fair, and they could toss you in jail for being under the influence of a controlled substance. and will order blood tests back at the station, and then youre screwed. and dont belive what you see in the movies. not all cops hate doing paperwork. some im sure are probably fond of
it.

Answer 4

You. All it takes is probable cause and the smell is enough. I really believe that it would take a jerk off of a cop to go throught all of the paper work to get a judge to sign a search warrant for recreational use...but it could happen.

Answer 5

the cop can not arrest you if they smell weed but they can secret your place and you for this weed you are smoking because you give them a reason to with that smell.
If they can not find anything you safe.
And just got lucky.

Answer 6

smelling it would give them probable cause.... The question of why they were close enough to the house may be brought up. Did they smell it from the public sidewalk? Then it is ok. Did they get a call of a disturbance and went to the door and smelled it? it is ok. Were they snooping around your house for no good reason and your house is far away from the sidewalk? Then the police would have some explaining to do.

Answer 7

the answer to this if you live in new zealand is they can search your premises on the smell of cannabis. I know this because it did happen to my now partner whom i have known for almost 20 years, a few years ago the police came to the house on a un related matter and came back with a search warrant as they said they could smell cannabis. I do believe tho and have read this on the net that police do not need to execute a search warrant under the misuse of drugs act. i hope my answer helps you to friends.

Answer 8

You are right. The cops don't need a search warrant because smelling the weed gives them probable cause.

Answer 9

A cop has to have some kind of evidence and search warrant to enter your home against your will.

Answer 10

depends on where you live really. if you live in an area where there are worse things the cops need to be worrying about like a high violent crime rate area than they probly wouldnt care too much but if you live in a smaller citty or town then you would probly get busted