Search and Seizure ScenarioYou are working a night shift and get a call for a loud party. You arrive at the call location and see a suspect climbing up to the second floor of a dwelling. You approach the second floor and walk past a large picture window towards the front door. Through the picture window you see the suspect that climbed up the side of the house, along with six other persons sitting in a circle around a bong. There does not appear to be any signs of forced entry to the door so the person climbing up the side was probably a party-goer and is probably allowed to be in the residence. All the persons appear to be smoking the bong, the front door is closed. You can not smell anything in particular. What is your next course of action? Answer to be provided on 07-05-09!
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8 comments:
kick the door in and detain everyone, get the dope then lock 'em up. You have a legal right to be there (investigating a possible burglary) and you witness a crime on top of that. That becomes exigent circumstances.
You have a legal right to be there. The bong in and of itself is not illegal. I would knock on the door and observe the behavior of the people around the bong. If they answer the door and you smell the odor of burning marijuana - take the appropriate action.
If they start to scatter and run and try to hide things I think it would be safe to enter based on the following:
1) possession of a smoking device which you know due to your training, knowledge, and experience to be commonly used to smoke marijuana, and;
2) suspicious, furtive movements when the presence of police become known, and;
3) exigent circumstances.
actually 22:14 you're investigating a loud party complaint not a burglary. The scenario was that you see the climber in the house and he probably has permission to be there. You do have a legal right to be there. I would knock on the door first and watch the occupants.
Incidentally, These are the types of debates that make better officers AND better cases. Good job dude.
You knock on the door. If noone answers your done. There is no indication there is marijuana in that bong. Yea, we all know there is, but knowing something and proving something are two different things. If you get someone to come to the door, and you smell weed, you then can enter, but only to stop the destruction of the evidence. While stopping the possible destruction of the evidence you can seize anything in plain view, and make the appropriate arrests based on that. But as far as any further searching once you have secured the residence and everyone inside, you need a SEARCH WARRANT. Which, if you know what you are doing, will only take about a half hour to write, and THREE HOURS TO GET SIGNED BY SOME JUDGE WHO IS HOME SLEEPING. good luck. but let's really think about what we are looking at here. misdemeandor possession. I wouldn't go kicking in any doors and risk a federal lawsuit by some half assed educated cops, over the maximum penalty of a year in jail. but hey, if you feel you need to risk your integrity and carreer for that stat, go for it buddy. but i think the best thing to do is to knock on the door and go from there.
Turn on the police car lights and watch them run! Who cares, they are not going to get anything but a fine anyway. Why go through all the trouble of 4-6 hours min paperwork, court (min. 3 times) on your day off just to watch them walk because Maryland Laws are so liberal.
Especially in Judge (let them go) Davis' district court.
Work smart, not hard!
11:29,
My kinda cop. Thinks with his head. Pick and choose your battles people. Unfortunately, that's the world we live in.
how bout kick the door in and beat their asses, leave them in a bloody pulp and laugh on your way out. Oh, don't forget to cover your name tag
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