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  1. #1
    Join Date
    Dec 2007
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    6

    Default First Offense, Possession And Paraphernalia

    I am 19y.o in Hamilton County, TN. I was woken up and arrested Friday morning around 4am for possession of 2g of marijuana and paraphernalia (3 bowls confiscated). I have several questions about the whole incident, so I will just start from the beginning. I arrived at my girlfriend's campus apt. around 1am, we smoked around 2am, and went to sleep shortly after. At 3:30am the cops came beating on main door until some Resident staff member unlocked her apt. They came directly to her room door and demanded entry based on reports of suspicion of marijuana smells. This leads to my first question- did the police have the right to force entry into the apt. and room just based on an anonymously reported suspicious odor?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: First Offense, Possession And Paraphernalia

    The smell of marijuana smoke can create probable cause for a search. If the police didn't smell the marijuana, there may be a question as to the credibility of their informant and whether the informant's statement was sufficient to create probable cause. This is something you need to discuss with your lawyer.

  3. #3
    Join Date
    Dec 2007
    Posts
    6

    Default Re: First Offense, Possession And Paraphernalia

    And as for the smell issue; it was over an hour later that the cops arrived and all they were going on was a report- the smell was gone already. Would they have any right to enter w.o consent from residents in this situation? Also, if for some reason the cop lies and claims to have smelled it, would that really be 'reasonable doubt' or 'probable cause' or whatever they need to enter??

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: First Offense, Possession And Paraphernalia

    Quote Quoting Acoustics27
    View Post
    And as for the smell issue; it was over an hour later that the cops arrived and all they were going on was a report- the smell was gone already.
    You say the smell was gone, or the police said that? People who smoke anything tend to operate under the misimpression that when they cannot smell the smoke any more, others cannot either.

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