search and seizure

[dan241]

Hi. I live in Missouri. A couple days ago we had a few of our friends over for a party. The police showed up and observed a minor drinking outside. When the minor saw the police set his beer down and walked inside our house. The officer followed him in and brought him back out. Meanwhile two more officers ran into our house. They said that they smelled the odor of marijuana. We told them they could not come in without a warrant but they said since they had probable cause they do not need one. My roommates and I were cuffed and taken to the station. They had us sign a form stating that we were read our rights. They then asked us for consent to search our place. All of us denied consent. We were then brought back to our place in seperate cars and they searched our place anyway. They found less than 35 grams of Marijuana (a misdemenor in Missouri) and some paraphanelia. They did not issue us summons' but said the case was up to the prosecuting attourney. I just wanted to know if they indeed had the right to enter our place based on what they smelled without a warrant? Thanks.

 

[Krystie166]

hey, i live in kansas. Since the minor was drinking outside and went in, they had the right to enter your house and confinscate any alcohol. With the marijuana and no agreement to search your house they can do it as long as they have probable cuase. Sometimes smell does not fly with the court, usually cops try to say that they saw seeds or something. Your best bet is to get a lawyer becuase they did find the drugs.