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  1. #1
    Join Date
    Nov 2013
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    Pennsylvania
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    806

    Default Will the Police Investigate a Report of the Smell of Marijuana

    My question involves police conduct in the State of: PA

    My friend is an idiot. I tell him all the time, if he wants to partake in smoking marijuana, keep it inside the damn house. But no, he smokes out on his deck, in the yard when he's cutting grass, etc. He claims that he isn't worried - and that nothing will happen.

    My questions is this - he lives in a rural neighborhood with neighbors on both side of his house. What would happen if a neighbor taking out the trash smells marijuana smoke and decides to call the cops to report that "I smell marijuana and I think it is coming from next door".

    Are the cops legally entitled to make contact with my friend?

    Can they actually come on the property to investigate based up such a call from a neighbor that sees no illegal activity, but simply smells weed?

    Is a neighbor smelling weed smoke PC for a cop to initiate a search?

  2. #2
    Join Date
    Jul 2010
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    8,006

    Default Re: Neighbors Smell Weed - Calls Cops

    Quote Quoting PADriver13
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    Are the cops legally entitled to make contact with my friend?
    Absolutely. It is called investigating a reported crime.

    Quote Quoting PADriver13
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    Can they actually come on the property to investigate based up such a call from a neighbor that sees no illegal activity, but simply smells weed?
    Where they can go on the property will depend on the totality of circumstances and state caselaw on plain smell, etc... They are allowed to go to the front door to initiate contact.

    Quote Quoting PADriver13
    View Post
    Is a neighbor smelling weed smoke PC for a cop to initiate a search?
    Again, depends on state law which I'm not going to look for since you seem pretty adept at it from your other threads. Generally, the smell alone isn't likely to rise to PC to conduct a search of the home.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Neighbors Smell Weed - Calls Cops

    Quote Quoting free9man
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    Absolutely. It is called investigating a reported crime.



    Where they can go on the property will depend on the totality of circumstances and state caselaw on plain smell, etc... They are allowed to go to the front door to initiate contact.



    Again, depends on state law which I'm not going to look for. Generally, the smell alone isn't likely to rise to PC to conduct a search of the home.
    I agree...and will also add that its going to depend on how close the houses are as well. The smell from pot isn't going to carry any further than the smell of a cigarette would.

  4. #4
    Join Date
    Nov 2013
    Location
    Pennsylvania
    Posts
    806

    Default Re: Neighbors Smell Weed - Calls Cops

    Houses are very close - it's definitely conceivable (in my mind) that either neighbor directly next to his house would easily smell pot (or a cigarette). He seems to think that if he was out on the deck and a cop rolled up, he would just run inside and ignore the door. I keep telling him to just some in the damn basement or something. Why risk an encounter? Just silly in my mind.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Neighbors Smell Weed - Calls Cops

    Your friend is an idiot.

    If neighbors smell it and call the cops and the cops smell it, it could give the cops probable cause to break his door in.

  6. #6
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Neighbors Smell Weed - Calls Cops

    Let me put it this way.....

    My old neighbor liked to smoke his weed...and deal it.

    If I don't smell it, I don't care. If I smell it....and I am getting buzzed off the smell....you bet your ass I called the cops.
    I even came over to be a nice neighbor....do you know I can smell your weed? Do you know I love, but not at 3 am from YOUR stereo......

    Yep, it came down to multiple calls to the cops.

    Oops.....my neighbors got busted for not only marijuana, but intent to deal, possesion of cocaine and heroin, stolen Nitrious tanks....can we say.....PRISON?

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Will the Police Investigate a Report of the Smell of Marijuana

    Quote Quoting PADriver13
    View Post
    My question involves police conduct in the State of: PA

    My friend is an idiot.
    well, birds of a feather and all of that. Here we have you carrying a weapon everywhere and a doper friend. What a combination.



    since you are so knowledgeable on all, why aren't you aware of the laws in PA on this? After all, due to PA's fairly unique stance on this subject, there are huge repositories of information easily accessible to any that care to look at all.

  8. #8
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Will the Police Investigate a Report of the Smell of Marijuana

    well, birds of a feather and all of that. Here we have you carrying a weapon everywhere and a doper friend. What a combination.

    Classic!!!

  9. #9
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Will the Police Investigate a Report of the Smell of Marijuana

    He might avoid getting arrested but he drawing unwanted attention to himself,if gets arrested or has a close call he won't be so laid back about it. Some people could careless about weed but others would just call the cops or say o there that low life.

  10. #10

    Default Re: Will the Police Investigate a Report of the Smell of Marijuana

    And not only can police come to your friend's front door, but neighbors tend to be suprisingly helpful when officers show up to investigate, allowing the officer into their back yard, where the officer may directly see and/or smell evidence of criminal activity in progress in your friend's yard.

    As noted, your friend is an idiot.

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