Can The Police Kick In My Door If They Think They Smell Pot?

I actually dealt with this problem in a past article involving searches, but I'm happy to review it again.

First the short answer....NO! Why? The officer must get a search warrant if he suspects that there is sizable amount of pot in a home that meets distribution violation laws. Notice I said a sizable amount. Why a sizable amount? No judge is going to sign a search warrant request on a 'joint' or a couple of joints.

Secondly, the officer is not a expert in smelling narcotics outside a closed door. Besides, the smell could be originating from another apt. or location.

Thirdly, unlike cop movies or shows on television, it's extremely difficult in the real world to get a search warrant. Police officers must first approached the judge with justifiable cause. Judges are very careful about permitting law enforcement to enter any dwelling. It becomes a question of constitutional rights. Believe me it's a tedious request.

In the real world the police are very unlikely to enter your home under these conditions. It's a direct challenge to your basic constituional rights... to dwell in your home without harrassment.

And while we'll on the subject of searches and constitutional rights, most warrants issued by a judge will dictate 'where' to search as well. It may only give approval to search your garage. If so anything law enforcement finds in your living room or any place is a violation of your rights and is inadmissable in a court of law.

This author submits professional articles to http://www.ezinearticles.com His articles informs citizens about how to handle different situations when confronted by the police. He is a former award winning police officer. Mr. Davis is an authorize speaker to young police recruits in Louisiana. He is also a master in wilderness suvival. He studied criminal law at Loyola University in New Orleans, Louisiana.

In addition, Mr. Davis has been a featured guest on many television shows detailing how to detect rogue police officers as well as a defense against such officers. This author is also working with Authors Stephen Peach, the award winning ex swat officer of California, and Mike Madigan. These two authors have also dedicated their lives to exposing rogue cops. Mr. Davis will be at Barnes and Noble, CitiPlace Ct., in Baton Rouge, Louisiana at a book signing on April 14, 2007, from 1:00pm - 2:00pm.