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W VA Supreme Court considers if smell of Marijuana can be basis for Police to search home.
Posted on 5/5/26 at 12:52 pm
Posted on 5/5/26 at 12:52 pm
Marijuana Moment online site
Here we have a circuit judge who is agreeing with defense counsel that all evidence be tossed in a drug trafficking arrest because the police made a sweeping search of a property without a warrant, searching for a suicidal woman. However, police being police, when they smelled the scent of marijuana, they had a "Look! Squirrel!" pivot in their attention, entered the apartment without a warrant, then stationed someone there to prevent any evidence from being destroyed or leaving the premises, then after getting the warrant, seized money, flower, guns and made the arrests.
Now, I'm against drug trafficking, but I'm more against illegal search and seizure. Especially when it comes to the scent of marijuana when it's legalized in so many ways, plus you have legal hemp products that smell just like marijuana. So the judge is right. Scent alone is not indicative of the commission of a crime.
Here we have a circuit judge who is agreeing with defense counsel that all evidence be tossed in a drug trafficking arrest because the police made a sweeping search of a property without a warrant, searching for a suicidal woman. However, police being police, when they smelled the scent of marijuana, they had a "Look! Squirrel!" pivot in their attention, entered the apartment without a warrant, then stationed someone there to prevent any evidence from being destroyed or leaving the premises, then after getting the warrant, seized money, flower, guns and made the arrests.
Now, I'm against drug trafficking, but I'm more against illegal search and seizure. Especially when it comes to the scent of marijuana when it's legalized in so many ways, plus you have legal hemp products that smell just like marijuana. So the judge is right. Scent alone is not indicative of the commission of a crime.
21
Posted on 5/5/26 at 12:54 pm to HubbaBubba
If they can search a car due to the smell of fresh weed during a traffic stop, why not allow them to do it at a house?
Posted on 5/5/26 at 12:54 pm to HubbaBubba
It shouldn't. There are some cops who "smell marijuana" everywhere.
Posted on 5/5/26 at 12:58 pm to HubbaBubba
Good.
Criminalize it!
Criminalize it!
Posted on 5/5/26 at 12:58 pm to HubbaBubba
I support the smell of marijuana thing in theory but it’s just another law that doesn’t work in practice
There’s a group of people that commit most of the crime and they always smell strongly of marijuana so why aren’t they in jail?
There’s a group of people that commit most of the crime and they always smell strongly of marijuana so why aren’t they in jail?
Posted on 5/5/26 at 1:02 pm to hogcard1964
quote:
If they can search a car due to the smell of fresh weed during a traffic stop, why not allow them to do it at a house?
They shouldn’t be allowed to do either in my opinion. An officer shouldn’t get carte blanche to warrantless search anyone they want by lying and saying “I smell weed”.
Posted on 5/5/26 at 1:03 pm to hogcard1964
quote:That would because it would represent a confirmation of a visual witness to a crime as it was being committed. Driving under the influence is a big no-no. If they pulled you over for a legitimate infraction or investigation where the person or automobile look like or similar to a person of interest in relation to a criminal investigation, and you smell like marijuana, then yes, they can detain you, get a dog sniffer out and if the dog gets a hit, the cops WILL get a search warrant and you're fricked.
If they can search a car due to the smell of fresh weed during a traffic stop, why not allow them to do it at a house?
But your home? Scent does not alone imply a crime is being committed.
Posted on 5/5/26 at 1:09 pm to hogcard1964
quote:
If they can search a car due to the smell of fresh weed during a traffic stop, why not allow them to do it at a house?
They shouldn't be allowed to do either. When the onus is on the prosecution to prove there was probable cause to search me, how can an unverifiable smell be the basis for that? It's bullshite.
Posted on 5/5/26 at 1:10 pm to hogcard1964
quote:
If they can search a car due to the smell of fresh weed during a traffic stop, why not allow them to do it at a house?
We're coming for that next.
Baby steps.
Posted on 5/5/26 at 1:11 pm to hogcard1964
quote:
If they can search a car due to the smell of fresh weed during a traffic stop, why not allow them to do it at a house?
They shouldn't be allowed either.
If they can search a car due to the smell of weed then they can search a car anytime and all they have to do is say they smelled weed. This happens a lot. And they also have a habit of arresting people for DUI for absolutely no legit reason.
Posted on 5/5/26 at 1:12 pm to John somers
I hope
Posted on 5/5/26 at 1:13 pm to HubbaBubba
Years ago there was a cop stationed in the I-10 median that smelled it coming from a car that passed by at 60+ mph.
He knew what car it was and stopped it.
They were running drugs but he knew some other way.
He knew what car it was and stopped it.
They were running drugs but he knew some other way.
Posted on 5/5/26 at 1:14 pm to HubbaBubba
I'm gonna go with no on this because my neighbor gets high all the time in his garage and a cop could easily claim he smells it coming from my house.
Posted on 5/5/26 at 1:17 pm to LSUbest
quote:
Years ago there was a cop stationed in the I-10 median that smelled it coming from a car that passed by at 60+ mph.
He knew what car it was and stopped it.
They were running drugs but he knew some other way.
This was a layup gif
Posted on 5/5/26 at 1:17 pm to PeleofAnalytics
Get a medical card and you can smell like a skunks asss everywhere you go if you choose.
Posted on 5/5/26 at 1:19 pm to PeleofAnalytics
lol that looks like a car toonces the driving cat drove!
Posted on 5/5/26 at 1:22 pm to LSUJames
quote:
lol that looks like a car toonces the driving cat drove!
I would go see a Toonces meets Cheech and Chong movie any day
Posted on 5/5/26 at 1:23 pm to PeleofAnalytics
Heck yeah!!!
Posted on 5/5/26 at 1:25 pm to HubbaBubba
Wouldn't this negate the entire concept of drug dogs?
Posted on 5/5/26 at 1:29 pm to HubbaBubba
quote:
Here we have a circuit judge who is agreeing with defense counsel that all evidence be tossed in a drug trafficking arrest because the police made a sweeping search of a property without a warrant, searching for a suicidal woman. However, police being police, when they smelled the scent of marijuana, they had a "Look! Squirrel!" pivot in their attention, entered the apartment without a warrant, then stationed someone there to prevent any evidence from being destroyed or leaving the premises, then after getting the warrant, seized money, flower, guns and made the arrests.
Now, I'm against drug trafficking, but I'm more against illegal search and seizure. Especially when it comes to the scent of marijuana when it's legalized in so many ways, plus you have legal hemp products that smell just like marijuana. So the judge is right. Scent alone is not indicative of the commission of a crime.
What exactly is probable cause to search for drugs if the smell of drugs isn't probable cause?
This strikes me as raising the bar of "probable cause" so high as to make investigating this crime impossible.
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