Cops cannot enter your home just because they smell your dope (even if they see you acting dope-y)
January 25th, 2008On January 11, 2008, in People v. Jua, District: 1 DCA, Division: 5, Case #: A116578, the California appellate court upheld the need for a warrant before entering a home based on suspicions of minor offenses, including smoking marijuana.
In this case the cops detected the “distinct order” of marijuana emanating from a residence, followed by their observation through the window of someone in the living room “whose conduct was consistent with smoking marijuana.”
The cops knocked on the door, the defendant opened it, the cops smelled more dope, entered uninvited, did a search, and found 46 growing plants.
The appellate court reversed the lower court, ruling that the nature of the crime was “insufficient in gravity” to warrant the entry without a warrant.
This is a strike against the Constitutionally-bereft practice of so many law enforcement officers: enter first, and decide later the reasons for doing so.