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Can cops find marijuana thru an open door?

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sv512

Junior Member
I was gone on vacation and while i was gone the cops came responding to a call that my back door was open. They found marijuana in my bedroom and left me an intent to charge with possession of marijuana. Is this a legitimate search and how long will it take to receive a formal charge?
 


CdwJava

Senior Member
Was the marijuana out in the open?

If they had to open drawers or cabinets to find it, then you might have an argument for suppression due to an unlawful search. But, a lot depends on the details and relevant state statutes and case law.
 

sandyclaus

Senior Member
I was gone on vacation and while i was gone the cops came responding to a call that my back door was open. They found marijuana in my bedroom and left me an intent to charge with possession of marijuana. Is this a legitimate search and how long will it take to receive a formal charge?
Sounds to me like the police were doing their job, searching the premises for a possible intruder who could have still been on the premises.

Which brings me to my other questions.

How much marijuana was found and where was it found?

Was the marijuana out in the open?

If they had to open drawers or cabinets to find it, then you might have an argument for suppression due to an unlawful search. But, a lot depends on the details and relevant state statutes and case law.
Agreed. In the event that the police were searching the premises for an intruder, they could feasibly open doors and closets, maybe even some cabinets or crawl spaces. But if they had to actually open a drawer or cabinet that would otherwise be closed and a person couldn't reasonably hide inside, then I might also question the legitimacy of the search absent a warrant.

Of course, I would have to ask whether or not the pungent and clearly recognizable SMELL of marijuana would have been probable cause to actually open those closed drawers/cabinets and search for the drugs, or would a search warrant have been required in such a situation (given that the purpose for the original search wouldn't have had anything to do with drugs)?
 

CdwJava

Senior Member
Of course, I would have to ask whether or not the pungent and clearly recognizable SMELL of marijuana would have been probable cause to actually open those closed drawers/cabinets and search for the drugs, or would a search warrant have been required in such a situation (given that the purpose for the original search wouldn't have had anything to do with drugs)?
That's why the state might be helpful. Different states and Circuit Courts of Appeal may have different rulings on some of these elements.

In general, if we had an unoccupied residence and came across evidence of marijuana, I'd seek a search warrant as there would appear to be no exigency to argue in NOT obtaining one.
 

sandyclaus

Senior Member
That's why the state might be helpful. Different states and Circuit Courts of Appeal may have different rulings on some of these elements.

In general, if we had an unoccupied residence and came across evidence of marijuana, I'd seek a search warrant as there would appear to be no exigency to argue in NOT obtaining one.
That makes perfect logical and legal sense to me. Why risk a ruling of inadmissibility on a search if you don't need to?
 

CdwJava

Senior Member
That makes perfect logical and legal sense to me. Why risk a ruling of inadmissibility on a search if you don't need to?
Yep.

A dozen years ago (well, MORE than that ...) I responded to an alarm call and we came across an indoor grow of marijuana with hydroponic gardens, ventilation, and a few dozen plants inside of a residence. We cursed (as we were at the end of shift), secured the interior and then backed out to await the detectives and the search warrant.
 

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