If a neighbor complains about cannabis smell coming from your house does that give cops permission to enter?

Question

i walk out as i answer the front door and close the door. The cop does not see anything out of the ordinary as he attempts to take a peek into the house and no evidence is seen. Just the assumption that a marijuana smell was coming the the backyard of this house.

Answer 1

The 4th amendment protects you from unreasonable search and seizure. The cop needs reasonable suspicion to create a probable cause supported search. If he smells marijuana himself and suspects that this may be coming from inside the property he may stretch the rules and make a search if so motivated. However, it would be a questionable search and the D.A. may choose not to pursue or the courts may disallow. But, this is in their discretion. This is a wobbler. If the cop does not smell the marijuana nor see any evidence to create reasonable suspicion then no search can occur. of course, he may say that he suspected the person answering the door was acting suspicious or evasive and looked under the influence , etc. etc. many cops will ask point blank...are you or anyone in the house smoking marijuana. This is a clear clue that he has no reasonable suspicion and is trying to get you to incriminate yourself.

Answer 2

Tk is right about the 4th amendment protecting your right against illegal search and seizure. An officer may enter a house if exigent circumstances exists but I don’t think there is any court in this country that would consider the smell of pot as being an exigent circumstance. As an officer with more than twenty-five years experience I most certainly would not enter into a house just because there was an odor of marijuana. I may knock on the door and ask if I could enter, and surprisingly this works more often than you know and if allowed go in and I’d take a look around to see if there was anything in open view. If the person refuses to allow the officer to enter the fact that he smelled marijuana may give the officer enough probable cause to move forward with an investigation, such as watching the house to see if there is a lot of activity going on there or even talk to people to the neighbors or people you are associated with.
Under the circumstances that you stated an officer doesn’t know what he has (inside the house) and by entering without a search warrant he not only risks of being held personally liable when he ends up being sued by the homeowner but it could also cost the city and police department millions of dollars because of the vicarious liability.

Answer 3

Absolutely not without a warrant.

Some of the above answers (especially from the cops) are scary.

No "exigent circumstances" exist to enter the residence because they merely smell marijuana. This may get them into a car, but not your house. If a judge was willing to sign a warrant based on a reported smell, they could enter. If that happened, the warrant could be challenged. If someone REPORTS smelling marijuana, they have even less reason to be there.

If you are outside while they are there, they can't search your house even if they arrest you.

This doesn't mean they WON'T enter. Police officers are notorious for stepping on people's fundamental rights (because they don't understand the law or because they willfully violate it under color of authority). This is why the "exclusionary rule" exists. If the officers barge into your house without a warrant, anything they recover there cannot be used against you. Again, this doesn't mean the officers won't LIE to make it seem like they had a reason to be in there.

Now, if they look over your fence and see your marijuana crops, those crops are in plain view, and you will soon be familiar with the criminal justice system.

Answer 4

The neighbor's statement would not be cause to enter. If the officer smelled an illegal substance, it may provide probable cause. My guess would be they would need a warrant in the case you describe. Depending on the Judge, the neighbor's statement combined with that of the officer may be enough for a warrant.

Answer 5

Let's say the cops enter and find no problems. Should the cops in turn arrest the neighbor for filing a false police report? The only way they can enter the house is with a search warrant. If the cops were to show up go outside close the door behind you they are not allowed to at random walk into a home.

Answer 6

A trick that the cops use is to come inside for questioning. If anything is out, i mean anything (seeds, paper, stems, or pipes) you are busted. Just if the smell it, well it depends on cop, they can get warrant and dog and find stash. I would stash a small bag in neighbors yard and we would ride down town together. Let him prove it in court that it wasn't his. LOL.

Answer 7

I wouldn't bat an eyelid. Someone smoking a little pot? Who cares? Unless I smell a ton of green bud coming from your place, and I mean a very pungent bud odor in the realm of pounds, I could care less. I'd knock on the door and tell you that you had better get a pot card or better ventilation in your pad because I could smell it outside.

Of course if that warning was shoved back in my face I'm certain I would have that place frozen and get a warrant there in an hour or two.

Answer 8

Yup, the officer has probable cause to enter the residence and secure it. Most likely the officer will detain the occupants and have additional officers write a search warrant for the residence prior to seizing any evidence.

Answer 9

Yes, since the odor is thatof a controlled illegal substance. The officer has the probable cause to enter the residence.

Answer 10

No,but one my neighbor rose almost called the cops on me for putting a purse w/ dog **** in it on her door step and ringing the bell.