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Old 02-16-2014, 09:52   #21
JuneyBooney
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Join Date: Feb 2009
Location: Northern Virginia
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Quote:
Originally Posted by msu_grad_121 View Post
Wow, that's awesome. I should probably give some background on this whole thing. We had roll call training the other day which discussed a situation like this: you are dispatched to a house for a parking complaint. You arrive and see cars parked all jacked up. You attempt to make contact with the residents by knocking on the door. When you knock, the door swings open freely (they were very specific that you don't turn the handle and have no intention of opening it, it just opens when you knock) and no one answers when you announce your presence. You make entry to secure the home and smell Marijuana. You run into a resident and several friends in a back bedroom smoking up and they give up the weed as soon as you ask. You also have Marijuana and paraphernalia in plain sight. The question basically boils down to whether or not the entry was good or if the evidence will get tossed.

This of course created a divide between my shift, with both Sgts falling on opposite sides. I, as the most vocal debater, was tasked with researching the situation and getting back to the Sgt who disagrees with my position.

What says the brain trust?
There was a similar case locally recently. A neighbor had called about smelling marijuana and the leos went to investigate. The door was ajar and the officers walked in and found the son smoking weed in his room with a window open. They looked around in plain sight and found scales and bags of weed for sale. He is in jail right now on the charge. I think it would depend on good faith and the judge's opinions in your county. If you are acting in good faith and under the scope of authority of your job I don't think you would get jammed up on that at all. I think it would stick as a valid charge. This arrest was after the suspect opened the door and let them in voluntarily so this would not be the same as MSU is describing. Just my opinion.
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Last edited by JuneyBooney; 02-16-2014 at 18:36..
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