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re: W VA Supreme Court considers if smell of Marijuana can be basis for Police to search home.
Posted on 5/5/26 at 1:31 pm to hogcard1964
Posted on 5/5/26 at 1:31 pm to hogcard1964
quote:
I hope
quote:
Wouldn't this negate the entire concept of drug dogs?
There ya go, look at the bright side!
1
Posted on 5/5/26 at 1:31 pm to HubbaBubba
Is it legalized in WV?
Posted on 5/5/26 at 1:33 pm to John somers
quote:
There ya go, look at the bright side!
Hate to break it to you, but people selling drugs out of their homes will never be legal.
Posted on 5/5/26 at 1:35 pm to HubbaBubba
Is that akin to pulling someone over for drinking a soda in a dark colored bottle because some beer comes in dark colored bottles?
Weed does not have a unique smell. There are legal substances that smell just like it smells.
Weed does not have a unique smell. There are legal substances that smell just like it smells.
Posted on 5/5/26 at 1:36 pm to imjustafatkid
quote:
selling drugs out of their homes will never be legal.
Illegal search and seizure is a much greater threat to me and my own than is the illegal selling of weed.
They are both illegal acts, but one has a greater impact on my life.
This post was edited on 5/5/26 at 1:38 pm
Posted on 5/5/26 at 1:37 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?
What if you live in a motor home?
Posted on 5/5/26 at 1:47 pm to HubbaBubba
If they can trigger a DUI test based on the smell of alcohol what's different with weed smell?
Either both are unconstitutional or neither is.
Either both are unconstitutional or neither is.
Posted on 5/5/26 at 1:53 pm to John somers
quote:
Illegal search and seizure is a much greater threat to me and my own than is the illegal selling of weed.
This search shouldn't be illegal. They clearly smelled drugs, and were obviously correct that they smelled them.
ETA: Your position that selling drugs is no threat to you is obviously false. Just look at any area where they have tried to make this legal. You can clearly see how things have gotten worse in each of those areas, not better.
This post was edited on 5/5/26 at 1:55 pm
Posted on 5/5/26 at 1:55 pm to novabill
quote:
Weed does not have a unique smell. There are legal substances that smell just like it smells.
Posted on 5/5/26 at 2:20 pm to HubbaBubba
These charges should be dropped. And that sucks to say, because drug trafficking is bad, but this is a miscarriage of justice.
Posted on 5/5/26 at 2:22 pm to tide06
quote:
If they can trigger a DUI test
A test you can refuse.
Posted on 5/5/26 at 2:25 pm to HubbaBubba
Weed is boucoup trashy
Posted on 5/5/26 at 2:54 pm to AlterEd
quote:
A test you can refuse.
Right before they take you to jail and force you to submit to a blood test or in some states get a judge on call to force you to submit with a rubber stamp order.
This post was edited on 5/5/26 at 2:55 pm
Posted on 5/5/26 at 2:57 pm to imjustafatkid
quote:
This search shouldn't be illegal. They clearly smelled drugs
Some weed smells like a skunk. Does smelling a skunk give police the authority to search any residence they want?
If a cop "smells alcohol" at your house, should he be able to bust down your door to search for an illegal distillery?
Heroin smells like vinegar. Should cops have the authority to search any place they smell vinegar? Or how about baking soda since it's used to make crack?
What about incense? Potheads use that all the time. Is that justification for a search?
What if he "smells gunpowder?" Is that cause to search your home for illegal weapons?
If they smell fish, can they kick down your door to see if you have captured any protected species?
How much authority do you want to give cops to perform a search of your own home? "Clearly smelled" something is a slippery slope, especially when we know that cops have already abused it.
Posted on 5/5/26 at 3:05 pm to omegaman66
quote:
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.
I’m not necessarily disagreeing with you, but where do you draw the line when it comes to probable cause? Because using that same logic a cop could invent probable cause for any multitude of circumstances, but I think cops need to have power to search due to probable cause in many of those cases.
Posted on 5/5/26 at 3:05 pm to HubbaBubba
quote:
W VA Supreme Court considers if smell of Marijuana can be basis for Police to search home.
People..... if the cops come to your door. Just. Don't. Answer. If they had a warrant they are coming in anyway. If they don't.. they will leave unless you give them a reason to stay. And no... not talking to them is in no way "obstruction".
Posted on 5/5/26 at 5:03 pm to PeleofAnalytics
quote:
This was a layup gif
You're right.
Posted on 5/5/26 at 5:26 pm to imjustafatkid
quote:There was no crime the police were investigating. The smell led them to investigate. In that state, that smell could be attributed to:
This strikes me as raising the bar of "probable cause" so high as to make investigating this crime impossible.
A) legal medical marijuana use prescribed by a physician
B) legal hemp use
C) as noted on here, it could be a neighbor's use
Either way, the police were there to investigate a possible suicide threat, could not find the person and failing that, decided (correctly) the smell was attributed to illegal activity and only confirmed it with an illegal entry.
The police are not supposed to assume every
Posted on 5/5/26 at 5:32 pm to tide06
quote:Apples and Oranges. The likelihood of a car being pulled over for no reason whatsoever is tiny, rare even. So in most cases, the officers are already investigating some possible violation.
If they can trigger a DUI test based on the smell of alcohol what's different with weed smell?
Either both are unconstitutional or neither is.
Here's the difference. The police at the apartments were not there to investigate criminal drug activity and only saw evidence of it AFTER illegally entering the premises, not in the course of the investigation they were there for.
Posted on 5/5/26 at 5:36 pm to TenWheelsForJesus
quote:
Some weed smells like a skunk. Does smelling a skunk give police the authority to search any residence they want?
Everyone who has ever smelled weed can smell the difference. You're barking up the wrong tree.
quote:
If a cop "smells alcohol" at your house, should he be able to bust down your door to search for an illegal distillery?
It isn't illegal to possess alcohol.
quote:
Heroin smells like vinegar. Should cops have the authority to search any place they smell vinegar? Or how about baking soda since it's used to make crack?
What about incense? Potheads use that all the time. Is that justification for a search?
These questions make you look like an idiot.
quote:
What if he "smells gunpowder?" Is that cause to search your home for illegal weapons?
Well sure. If you aren't allowed to own firearms, this seems reasonable.
quote:
How much authority do you want to give cops to perform a search of your own home?
None. They won't be smelling drugs coming from my house.
Next you losers are going to argue that pot looks like other plants so seeing it shouldn't be probable cause to search either. It's a stupid argument.
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