Foxboro Hater said:
They made entry because the next door room smelled what they thought to be marajuana.
Well, that's reasonable suspicion to believe a crime was occuring in the room ... smoking marijuana. Depending on the status of smell as reasonable suspicion in your state, it's very likely sufficient cause to make entry.
The question is, is that legal with no search warrant and the charge is a misdemeanor.
Probably. Again, it depends on the specific laws in this area in your state. But, they smelled marijuana which indicated a crime was occuring at that time, therefore they had good cause to believe a crime was occuring inside. This will generally justify entry.
Think of it this way - if the cops wer eoutside the door and heard two people fighting (also a misdemeanor) do you think they would have to just wait outside? or do you think they would be permitted to make entry?
They did not even know for sure which room it was. The police said they smelled all the doors in the area and broke into the one that smelled the strongest.
Okay.
By the way all charges were dropped and the magistrate said that you were never arrested in Mass. They also fined him and made him pay for the door they broke down.
Okay, he got lucky and they dropped the charges. But ... if the charges were dropped, how did he have to pay a fine? That's something a court imposes upon guilt??
Once again what is the specific law?
For what? If you are looking for what gave them the authority to make entry, go to a local law library and start looking up case law in your state and in the federal judicial circuit and you will get the foundations under which the police there are expected to operate with regards to search and seizure.
The room was a smoking room.
Yes, but it was a room that permitted the smoking of tobacco, not the whacky weed.
- Carl
