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| Smell of Drugs Gives Police Right to Search |
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Posted by FoM on March 17, 2000 at 09:57:55 PT By Jenny Price, Associated Press Writer Source: Star Tribune 
The smell of burning marijuana gives police the right to enter a home without a search warrant, the state Supreme Court ruled today. The decision came in a case in which police were investigating a report of suspicious people hanging around a Milwaukee apartment complex that they said was known for drug trade. A security guard directed police to the apartment of Vanessa Hughes, where two individuals believed to be involved in drug activity had entered, court records said. While they were waiting for backup, Hughes' younger sister opened the door and officers could smell marijuana. The police pushed open the door and Hughes consented to a search. Officers said they found cocaine on Hughes. The trial court in Milwaukee County refused to suppress the results of the search and Hughes was convicted of drug possession as a first-time offender. Hughes appealed to the 1st District Court of Appeals, which said Hughes' consent to the search came too soon after the officers' illegal entry to be considered valid. In today' s 4-3 decision, the state Supreme Court overturned the appeals court. Writing for the majority, Justice Diane Sykes said the actions of the officers were reasonable. The odor of marijuana coming from the apartment establishes probable cause that police would find contraband or evidence of a crime, she wrote. " When the strong smell of marijuana is in the air, there is a fair probability that marijuana is present, " she wrote. Justice Ann Walsh Bradley, joined by Chief Justice Shirley Abrahamson and Justice William Bablitch, dissented from the majority opinion. Bradley said the warrantless search was unreasonable and violated the Fourth Amendment. " The majority should be unwilling to sacrifice the sanctity of the home and be wary of so easily diluting the constitutionally guaranteed freedom from warrantless entry, " Bradley wrote. Madison, Wis. (AP) Related Articles: Smell of Pot Not Should Not Warrant Search Michigan Court Rules MJ Odor May Warrant Searches Police Searches Violate Guaranteed Civil Rights Home Comment Email Register Recent Comments Help |
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| Comment #4 posted by Bite Me on March 04, 2001 at 17:56:12 PT |
| As I read the article on Hughes and some of the comments that have been made, I have to laugh. The officers waited outside for backup to arrive. They had no warrant to enter the house. When the sister opened the door what did she expected the officers to do? Just stand there, when 2 known drug offenders are inside? Of course they pushed the door open. It was for their safety, so they could see the occupants of the apartment. Hughes was stupid for giving them consent to search, if she didn't want them to find her dope. They call it "DOPE" for a reason. [ Post Comment ] |
| Comment #3 posted by Samuals on March 17, 2000 at 14:42:59 PT |
Well, America is 200 or so years old, just a baby compared to other countries with a longer history. They're probably watching our decline and thinking, "We knew it would happen. We just didn't know it'd be so fast".
It's been 30 years since Kennedy was shot and we've been on a sociological downhill trend since then. Scarey. I think I'll be moving soon to get out of this Third World Country with nice cars.
| Comment #2 posted by MMM on March 17, 2000 at 14:32:08 PT |
Do homeowners have the right to sue if no marijuana is found in the home?
| Comment #1 posted by observer on March 17, 2000 at 13:49:21 PT |
I.e. "We'll just take the officer's word for it." (No objective evidence needed.)
As the recent LAPD debacle proves for the umteenth time, again, is that when the nice officer suspects he'll find some drugs or guns, he'll "find" them. (Whether or not they were there before the search, if you know what I mean.)
The US Government: circumventing your inalienable rights in new ways, every day. Not to worry. They're only jailing adults "for the children."
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