Is this an illegal search and siezure?

[leydon140]

What is the name of your state? MA

Police officers responded to a noise complaint at my apartment. Everybody left including the police. Minutes later I heard knocking at the back slider door. Before I got down the hall-way the police had already entered with a canine. I never let them in or answered the door nor did they show me a warreant. They proceeded to enter my room with the canine and found a scale, baggies, and over 1 ounce of marijuana. I feel like I was illegally searched but that may just be wishful thinking. Anybody with professional experience who would know this answer, I would really appreciate the help.

 

[Raptoer]

maybe...

please note this disclaimer, I am not a lawyer, this is not legal advice. Go get a defense lawyer. This post is simply a starting place for you to go from.

I'm not certain about MA's exact laws regarding this, however the general parts apply in all states.

In general, your home cannot be searched without your consent, a search warrant, hot pursuit, or probable cause.

Consent cannot be implied by you not responding to the door.
Therefore, you did not give consent.

They do not have a search warrant.

Hot pursuit does not apply here.

So it comes down to probable cause. I assume you didn't leave anything incriminating out in the open (visible from an outside window), because if you did, then they have probable cause because it was in plain sight.

Unfortunately for your defense, it comes down to this, did the dog indicate the presence of an illegal substance from outside your house, or did the dog only catch the scent inside of your house? If the scent left your house, then it is in plain sight, and can give probable cause. If the dog caught the scent after it had entered the inside of your house, then it is an illegal search because they had no reason to enter your house. You might be able to get even further, if the dog did not indicate the scent from the street, why were they at your back door? Obviously the police are allowed to go from the street to your front door, beyond that becomes dubious. And worst of all it is all dependent on the word of the police officers (unless you get someone who works with drug detection dogs to testify that detection isn't possible at that range)

Finally, if you are on probation from a previous drug offense, part of the terms is that the police can search your home (however, I assume this is not the case with you).

 

[justalayman]

chances are the officers could smell buring marijuana when the were there so the canine unit was brought to support that suspicion.

If you believe there was no probable cause, use this to supress the search but it sounds like there may very well have been PC to search.

I think you are stuck with wishful thinking but an attorney that can look at the very specific information about this sitation may see something a bit differently.

 

[CdwJava]

Police officers responded to a noise complaint at my apartment. Everybody left including the police. Minutes later I heard knocking at the back slider door. Before I got down the hall-way the police had already entered with a canine. I never let them in or answered the door nor did they show me a warreant. They proceeded to enter my room with the canine and found a scale, baggies, and over 1 ounce of marijuana. I feel like I was illegally searched but that may just be wishful thinking. Anybody with professional experience who would know this answer, I would really appreciate the help.

Your attorney can make a motion to suppress the evidence due to a bad search.

I strongly suspect there is more to this story as what you describe is almost certainly an unlawful search. However, the status of MA law MAY be that the odor of marijuana grants probable cause to make entry ... maybe.

Consult local counsel.

- Carl

 

[tranquility]

Probable cause is *NOT* enough to enter a residence to search. It must be probable cause combined with exigent circumstances. The police cannot create the exigent circumstance.

They entered with the dog, according to the facts, before the OP answered. This tells me that the exigent circumstance was not OP knowledge the police were there combined with an easily destroyable drug which can be an exigent circumstance.

Now, I agree with Carl there is probably more there. But, based on the facts given, there was not an entry allowed with the justification of probable cause.

 

[justalayman]

ok, whack me with a stick. Don't know where my mind was on this one.

I'll leave it with;

there is probably more to the situation than presented but if there isn't, then follow carls direction.