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Old 02-16-2014, 14:16   #23
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txleapd's Avatar
Join Date: Aug 2004
Location: TX
Posts: 6,433
Originally Posted by JuneyBooney View Post
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. Just my opinion.
Your opinion flies in the face of every bit of case law I've ever seen, and it is wrong.

There are very few exceptions to the warrant requirement of the 4A, especially when you're taking about a residence.

Minus exigency in some form, that would not stand.

As for the example you just gave about the kid smoking weed, that won't stand either. The following is for your education...

US v. Mongold, 12-7073 (10th Cir. 2013)-Officers entered a home after the door was opened in response to a knock. The officers smelled marijuana. They forced their way in to prevent the destruction of evidence. The court found the entry was unlawful.

Before an officer can, without warrant, enter a home to prevent the destruction of evidence the following criteria must be met:

The entry must be based on probable cause.

There must be a "serious crime".

The destruction of evidence is likely.

The court determined that lacking probable cause of distribution or trafficking of marijuana, the odor only indicates simple possession, which in Oklahoma where the case originated is a misdemeanor offense. Therefore, the "serious crime" requirement was not met.
The requirement that it be a serious crime has actually been around for a while. Most people just have never paid attention to it.

Please don't offer any more advice on the subject. Arrest, search and seizure is the foundation of police work. You don't need to be passing out bad info, like you know what you're talking about. That could get someone in bad trouble, if they made the poor decision to listen to you.

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Last edited by txleapd; 02-16-2014 at 14:19..
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