Results 1 to 3 of 3
  1. #1
    Join Date
    Apr 2009
    Posts
    1

    Unhappy Illegal Search and Seizure

    My question involves search and seizure law in the State of: Virginia

    Last night around 6:30pm an officer knocked on my door explaining that he was here for a burglary upstairs in our complex and that he just had a few questions for me. So i answered his questions and he asked me to come out in the hall. So i did. He explained to me that my apartment smelled like "cheech and Chong" and he asked me if i had any MJ in the house. At first i told him no. And he explained that he could (if necissary) get another officer to come stay with me while he went and got a warrent to search the apartment and he could call social services to come get my daughter. After he explained what all COULD happen he told me that if i complied with him that the above would not happen. So i was honest with him and turned everything over to the cops and let them search because i had nothing else to hide. They then had 2 other detectives come in and take pictures of every room they searched. and now i'm facing 2 felony charges.

    I just wanna know, did he have any right to question me about the MJ and go about doing what he did based on what he "smelled" from outside, when he was originally here for something ELSE that didnt even involve me?

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Illegal Search and Seizure

    Review this case, it appears to be factually similar. You could have closed the door afterwards, IMO, as the smell of MJ alone is not an exigent circumstance to search without a warrant.


    http://supct.law.cornell.edu/supct/html/99-1132.ZS.html

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,589

    Default Re: Illegal Search and Seizure

    Quote Quoting BOR
    View Post
    Review this case, it appears to be factually similar. You could have closed the door afterwards, IMO, as the smell of MJ alone is not an exigent circumstance to search without a warrant.
    No, but if VA is a state that recognizes smell as sufficient probable cause, they could have followed through with the threat, secured the scene and the child, and sought a search warrant.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

    1. Sponsored Links
       

Similar Threads

  1. Search and Seizure: Illegal Search and Seizure
    By Bango in forum Criminal Procedure
    Replies: 28
    Last Post: 07-23-2011, 08:33 AM
  2. Search and Seizure: Illegal Search and Seizure
    By jaegermonster in forum Criminal Procedure
    Replies: 8
    Last Post: 07-26-2009, 10:37 AM
  3. Search and Seizure: Illegal Search and Seizure
    By NiN in forum Criminal Procedure
    Replies: 12
    Last Post: 04-22-2009, 05:48 PM
  4. Search and Seizure: Illegal Search and Seizure
    By Carlos_64 in forum Criminal Procedure
    Replies: 8
    Last Post: 01-30-2009, 10:40 AM
  5. Help with illegal search and seizure
    By taters mcphar in forum Police Investigations
    Replies: 10
    Last Post: 10-28-2006, 03:38 PM
 
 
Sponsored Links

Legal Help, Information and Resources