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re: W VA Supreme Court considers if smell of Marijuana can be basis for Police to search home.

Posted on 5/6/26 at 6:51 am to
Posted by Indefatigable
Member since Jan 2019
37369 posts
Posted on 5/6/26 at 6:51 am to
quote:

Considering drug dogs false/true hit rates are on par with a coin flip

Yea that isn’t true.
Posted by fischd1
Mandeville
Member since Dec 2007
3439 posts
Posted on 5/6/26 at 6:55 am to
Easy fix…develop a pot that smells good.
Posted by geauxturbo
Baton Rouge
Member since Aug 2007
4445 posts
Posted on 5/6/26 at 6:58 am to
quote:

Yea that isn’t true


ChatGPT says false hit rate is 20-50% on stops and as high as 60-80% in field tests.

Two other studies had it at 32 and 36% false hit rate.

That is unacceptable for reasonable supsicion. No clue how it is still allowed.

I dont like criminals, but I dont like a police state as much if not more.




This post was edited on 5/6/26 at 7:03 am
Posted by Onyx Aggie
Foothills of the Smokies
Member since Sep 2012
2969 posts
Posted on 5/6/26 at 7:13 am to
quote:

Either way, nobody is gonna lie about smelling it and yet hope the stuff they don’t actually smell is in there
Except for all the cops that have done just that.
Posted by omegaman66
greenwell springs
Member since Oct 2007
27205 posts
Posted on 5/6/26 at 7:22 am to
quote:

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.



I draw it at things that can not be verified ever.
Posted by Indefatigable
Member since Jan 2019
37369 posts
Posted on 5/6/26 at 7:37 am to
quote:

ChatGPT says false hit rate is 20-50% on stops and as high as 60-80% in field tests.

For the dogs? Nah.
Posted by Bigdawgb
Member since Oct 2023
4282 posts
Posted on 5/6/26 at 9:14 am to
quote:

No, unlike what you must assume, I am very familiar with the difference.


I'm glad you're a smell sommelier mate but I don't trust the average cop that graduated high school with a 2.4 GPA to be as discerning.

There are wild plants in GA that smell close enough to weed to trigger a search, this would be a tremendous expansion of search power that law enforcement doesn't need.
Posted by JimEverett
Member since May 2020
2424 posts
Posted on 5/6/26 at 9:27 am to
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?


You can spend an hour or two drawing up an affidavit and getting a warrant before a magistrate and when you are done, the house will still be there ready to be searched. The car - long gone.
Posted by imjustafatkid
Alabama
Member since Dec 2011
65900 posts
Posted on 5/6/26 at 9:28 am to
quote:

You can spend an hour or two drawing up an affidavit and getting a warrant before a magistrate and when you are done, the house will still be there ready to be searched. The car - long gone.


In this case, they did obtain a warrant.
Posted by JimEverett
Member since May 2020
2424 posts
Posted on 5/6/26 at 9:38 am to
quote:

In this case, they did obtain a warrant.


Still, that is what makes a house different from cars. Police generally do not need a warrant to search a car if they smell drugs

In this case, though- based on the article, the warrant was obtained by using not only the "smell of marijuana" but also what the officers saw in the hosue when they did a protective sweep of the house. Supposedly in search of the suicidal woman?
Did they do protective sweeps of all the houses in the area or only this one - using the suicidal woman as a pretext to search for drugs?
Posted by imjustafatkid
Alabama
Member since Dec 2011
65900 posts
Posted on 5/6/26 at 9:51 am to
quote:

In this case, though- based on the article, the warrant was obtained by using not only the "smell of marijuana" but also what the officers saw in the hosue when they did a protective sweep of the house. Supposedly in search of the suicidal woman?


Yes, and those sorts of sweeps have been long deemed constitutional.

quote:

Did they do protective sweeps of all the houses in the area or only this one - using the suicidal woman as a pretext to search for drugs?


Don't know. Did anyone argue they went to the wrong house? That doesn't appear to be the case.
Posted by John somers
Los Proxima
Member since Oct 2024
1633 posts
Posted on 5/6/26 at 12:26 pm to
quote:

I dont like criminals, but I dont like a police state as much if not more.


Yep. Only the weak minded are willing to permanently trade away fundamental rights for the sake of 'safety'. See the COVIDIOTS, for instance.

Posted by Undertow
Member since Sep 2016
9143 posts
Posted on 5/6/26 at 2:19 pm to
quote:

I draw it at things that can not be verified ever.


You could just as easily verify that someone possesses weed after smelling weed as you can that there’s a dead body in a house after smelling decomposition.
Posted by beaux duke
Member since Oct 2023
4911 posts
Posted on 5/6/26 at 2:34 pm to
quote:

What if you live in a motor home?

Posted by geauxturbo
Baton Rouge
Member since Aug 2007
4445 posts
Posted on 5/6/26 at 7:06 pm to
quote:

For the dogs? Nah


That is correct. The dogs. A study in Austrailia had the hit rate at a measley 20%.

Problem likely isnt the dog, though. Its more likely the lying sack of shite on the other end of the leash.
Posted by onmymedicalgrind
Nunya
Member since Dec 2012
12182 posts
Posted on 5/6/26 at 7:10 pm to
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?

Because the car is not your castle. Dumbass.
Posted by wackatimesthree
Member since Oct 2019
13593 posts
Posted on 5/6/26 at 7:14 pm to
quote:

I draw it at things that can not be verified ever.


I tend to agree with you on smelling weed, but it should be noted that the eyewitness testimony of only one person is also something that cannot be verified ever.

It's why ancient Jewish law required at least two witnesses.
Posted by onmymedicalgrind
Nunya
Member since Dec 2012
12182 posts
Posted on 5/6/26 at 7:15 pm to
quote:

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.

If you have probable cause to search a home, you get a warrant. Absent that, consent, or exigency….you don’t get to just search homes.

Thank God for the 4th amendment.
Posted by onmymedicalgrind
Nunya
Member since Dec 2012
12182 posts
Posted on 5/6/26 at 7:16 pm to
quote:

This search shouldn't be illegal. They clearly smelled drugs, and were obviously correct that they smelled them.

Again, if there is probable cause that there are drugs, you obtain a search warrant. Smell doesn’t equal exigency.
Posted by onmymedicalgrind
Nunya
Member since Dec 2012
12182 posts
Posted on 5/6/26 at 7:21 pm to
quote:

None. They won't be smelling drugs coming from my house.

…until one says they do. And then how are you going to prove that wrong? To act like there has never been a cop that lied about smelling something bc it is one thing impossible to prove even with cameras everywhere now is so naive.

This is why civil rights are important. The fact there are Americas who think like you would be embarrassing if it weren’t so sad.
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