Smell of Pot Doesn’t Justify Police Break-In, CA Court Says. Or Maybe It Does | Crime Scene: a SFGate.com blog | Bob Egelko | 5/4/12

California: In a 3-0 ruling Wednesday, the Second District Court of Appeal said past decisions make it clear that police in California can’t enter a residence without a warrant merely because they smell marijuana.

Nowhere in the nine-page ruling (PDF viewable at The People v. Rosland Nadine Torres et al) was there any reference to the U.S. Supreme Court’s May 2011 decision in Kentucky v. King. In that case, the court ruled 8-1 that police who smelled marijuana outside an apartment were entitled to kick in the door and enter without a warrant to prevent the destruction of evidence. As it turned out, the apartment wasn’t the one where a suspected drug dealer was located, but police found drugs after breaking in, and caught up with their man in a later search. The high court didn’t mention any distinction between crimes punishable by imprisonment or merely a fine.

For full article see: Smell of pot doesn’t justify police break-in, court says. Or maybe it does | Crime Scene | an SFGate.com blog.

Advertisements

About vinhsu

Center City Philadelphia General Practice Law Firm with emphasis on Criminal Defense, Family Law, Immigration, Real Property, and Wills/Trusts/ Estate Planning. Licensed in Pennsylvania and New Jersey.
This entry was posted in Appeal/ Trial Errors, Criminal Law, National News and tagged , , , , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s