Can cops enter a house without a warrant? claiming that

[averad]

http://www.norml.org/index.cfm?wtm_view=&Group_ID=4571

Googled the Wa state laws

Charge: Possession Less than 40 g misdemeanor*
Incarceration: 90 days
Fine: $1,000

*Any convictions of a misdemeanor carry a 24-hour mandatory minimum sentence and a mandatory minimum fine of $250.
For subsequent convictions the possible prison sentence doubles.
Any conviction of a juvenile causes driver's license suspension for 1 year.

 

[CdwJava]

and there was no window you could look through from the front pourch.

So ... how did they see the dope then? When you opened the door they smelled it? Or did they see it on the table behind you? or in your hand?

Obviously theye didn't just shove their way inside because they thought their MIGHT be marijuana there. They had to have had SOME reason. If not, then your attorney will have no trouble getting the charges dropped.

- Carl

 

[CdwJava]

I love the recommendation on the posted link to go to NORML's site to find out the medical uses for marijuana! I prefer to get my medical information from a pro drug use site.



- Carl

 

[uriahchase]

because if the right for someone to feel secure and have a certain level of privacy was respected they never would have went looking through windows before they even knocked!

if i was to go over to your house being a salesmen... but instead of knocking i decide to go peep through your windows first that wouldn't make you feel violated?

 

[CdwJava]

because if the right for someone to feel secure and have a certain level of privacy was respected they never would have went looking through windows before they even knocked!

if i was to go over to your house being a salesmen... but instead of knocking i decide to go peep through your windows first that wouldn't make you feel violated?

It depends on where the window is!

I have curtains on my front windows because I'm not keen on people looking inside. The courts have ruled consistently that if a person (including the police) can look through a window from a place they have a right to be and see something you would rather they didn't, then you're out of luck.

If I can look through the window from the walkway to the door or from the porch there IS no expectation of privacy. if the officers had to go tracking through bushes and hedges, or into the backyard, then you MIGHT have a point (depending on why they were looking).

- Carl

 

[uriahchase]

So ... how did they see the dope then? When you opened the door they smelled it? Or did they see it on the table behind you? or in your hand?

Obviously theye didn't just shove their way inside because they thought their MIGHT be marijuana there. They had to have had SOME reason. If not, then your attorney will have no trouble getting the charges dropped.

- Carl

it wasn't pot. it was less than one gram of coke and that was all that they found... period. which isn't a felony. it seems to me that a big line was crossed.

 

[CdwJava]

it wasn't pot. it was less than one gram of coke and that was all that they found... period. which isn't a felony. it seems to me that a big line was crossed.

Coke isn't a felony in WA? How very odd.

Even so, it IS a misdemeanor at least ... and, it is a crime that occurred in their presence.

Interesting ... per RCW 69.50.4013, possession of a controlled substance is a Class C Felony.

- Carl

 

[fairisfair]

it wasn't pot. it was less than one gram of coke and that was all that they found... period. which isn't a felony. it seems to me that a big line was crossed.

YEAH, the big line you were getting ready to do.

 

[averad]

Dope to Coke? Wonder when other info from the original post will change. Next the police will come in through the chimney.

 

[CdwJava]

it wasn't pot. it was less than one gram of coke and that was all that they found... period. which isn't a felony. it seems to me that a big line was crossed.

It may seem that way to you, but by your analogy the police woul dbe unable to intervene if they saw you being beat up ... or if they saw someone vandalizing your home.

They CAN act on a crime being committed in their presence. If you don't like it, petition the state to take that ability away from the police.

- Carl

 

[uriahchase]

Coke isn't a felony in WA? How very odd.

Even so, it IS a misdemeanor at least ... and, it is a crime that occurred in their presence.

Interesting ... per RCW 69.50.4013, possession of a controlled substance is a Class C Felony.

- Carl

and what good reason is there for their presence to be on the side of the house where ya they would have to walk through some flowers and **** looking through the window? when they are supposed to be at the ****in' front door knocking.

 

[averad]

I believe the WA drug laws can be found here

http://apps.leg.wa.gov/rcw/default.aspx?cite=69.50

WASHINGTON STATE DRUG LAWS
(RCW 69.50)
Possession of controlled substance - Penalty

(1) It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter.

(2) Except as provided in RCW 69.50.4014, any person who violates this section is guilty of a class C felony punishable under chapter 9A.20 RCW.

9A.20 RCW
For a class C felony, by confinement in a state correctional institution for five years, or by a fine in an amount fixed by the court of ten thousand dollars, or by both such confinement and fine.

Note: I do not have a degree in Law or Law enforcement.

 

[uriahchase]

Dope to Coke? Wonder when other info from the original post will change. Next the police will come in through the chimney.

who calls marijuana dope anymore?

 

[CdwJava]

and what good reason is there for their presence to be on the side of the house where ya they would have to walk through some flowers and **** looking through the window? when they are supposed to be at the ****in' front door knocking.

I don't know ... I guess it will be in the officers' report, won't it.

If they were looking for a guy who might be violent, might be on parole, or might be on probation, they would likely be justified. There are also a number of other possibilites.

As i said, mention it to your attorney.

Oh, and why would they charge you with a misdemeanor when WA state law seems to indicate possession of coke is a felony?

- Carl

 

[CdwJava]

who calls marijuana dope anymore?

Those of us who don't do dope.

- Carl