[MPD]

Quick scenario for you. I stopped a vehicle near our local High School and the vehicle stunk of 94C. I know I have PC to pull everyone out of the vehicle and search the vehicle under the auto exception doc but just for clarification and some tad-a-firma, I can search the occupants for contraband as well correct? Not just for weapons?

Does anybody know the case law that deals with the scope of the search? I am looking for specifically the scope of the search of the occupants. In my past dealings I have checked pockets jacket pockets of the occupants for contraband not just weapons.

 

[Irishpride]

Commonwealth v. Skea 18 Mass. App. Ct. 685 (1984) allows for a search incident to an arrest before an arrest if PC and exigent circumstances (i.e. likelihood of destruction of evidence) exist.

 

[drewpopo]

If you have the smell of Marijuana in a car with occupents it is good all day to search the car and the occupents even get a K9 to toss the car if you like. Which all can be done because the odor of marijuana is your pc. UNder the automobile acception to the search warrant you can check anywhere that contraband could be Including occupents.

P.S. Don't cut the back seat open unless you are pretty sure it's full of drugs :lol:

 

[Gil]

P.S. Don't cut the back seat open unless you are pretty sure it's full of drugs :lol:

Shit, I guess that one is gonna get tossed...

 

[MPD]

Thank you for the clarification

 

[j809]

Remember though, small amount of marijuana does not give you permission to go to the trunk, unless you have an inventory policy and are going to tow the car. We had this case in court a couple of months ago, there was a new case law DA said which prohibits entry into trunk for small amount of weed.

 

[patroldan81]

j809
--------------------------------------------------------------------------------
Remember though, small amount of marijuana does not give you permission to go to the trunk, unless you have an inventory policy and are going to tow the car. We had this case in court a couple of months ago, there was a new case law DA said which prohibits entry into trunk for small amount of weed.

\
Do you have the case law?

 

[j809]

Wolfman, in our case it was one joint and smell of fresh burned marijuana. In the trunk there was lots of booze and guy was under 21. Booze was suppressed and we were advised by DA that small amounts such as this does not allow us to go into trunk. We don't have an inventory policy yet but we will have it witihin a month or so I hope. This was less than two months ago, Worcester County.

 

[MVS]

It's amazing how the Courts toss something because of a written departmental policy. Just glad my PD has a policy that includes just about EVERYTHING. If I find a roach, the entire car is mine :lol:

 

[j809]

It's amazing how the Courts toss something because of a written departmental policy. Just glad my PD has a policy that includes just about EVERYTHING. If I find a roach, the entire car is mine :lol:

You mean lack of policy. Roach doesn't give you the whole car remember.

 

[GARDA]

It's amazing how the Courts toss something because of a written departmental policy. Just glad my PD has a policy that includes just about EVERYTHING. If I find a roach, the entire car is mine :lol:

You mean lack of policy. Roach doesn't give you the whole car remember.

j809 is right. It is more than departmental policy and/or quantity of 94C which is present that will lead to successful prosecution of what you'll find in the trunk... ie:

:arrow: What is your level of training and experience?
:arrow: Do you have probable cause?
:arrow: Do you have consent? If yes, then...
:arrow: Who is the sitting Judge that day? Liberal or Conservative?
:arrow: What is your reputation in that court?
:arrow: Are you known to that Judge as an officer with integrity? or...
as an overly enthusiastic violator of 4th Amendment rights?
:arrow: How well did the Asst. D.A. present your case?
:arrow: Is the defendant a first-time offender or confidential informant?
:arrow: Are the Judge and Defense Attorney golfing buddies?
:arrow: How busy is the docket at court that day?

The list goes on. Don't take it personal when the defense's motion to suppress your evidence found in the trunk is granted. A couple of years ago, I had two pounds of fresh weed ultimately ruled-out as evidence that I found in a trunk...after consent, along with the odor of burnt marijuana and a strong masking agent present inside car...story for another day)...but in the end, I took comfort in knowing that nearly $4,000.00 worth of hydroponic "BC Bud" would never be sold by this dealer, who would then have to answer to his angry supplier. Happy Hunting!

 

[MVS]

You both make strong points, thank you.

and

...but in the end, I took comfort in knowing that nearly $4,000.00 worth of hydroponic "BC Bud" would never be sold by this dealer, who would then have to answer to his angry supplier. Happy Hunting!

Exactly GARDA!! Even if the shitbag's case gets canned, At least I'd feel a little better knowing that I helped take some of that crap off the streets. We never know which way the judge will go, they never cease to amaze us.

 

[GARDA]

Exactly GARDA!! Even if the shitbag's case gets canned, At least I'd feel a little better knowing that I helped take some of that crap off the streets.

AMEN Brother, AMEN!

 

[Guest]

Now say you go to a house for a 911 hang up as I did, or some other routine call. When you go to speak with the person at the house, everything appears fine but you can smell 94C while standing outside the screen door coming from inside the house. I simply took note of what was going on and passed the information on to our detective. Is a search warrant needed or is this enough to enter the house to conduct a search of the immediate area (the room where the marijuana can be smelt)?

 

[JeepinWeezle]

Now say you go to a house for a 911 hang up as I did, or some other routine call. When you go to speak with the person at the house, everything appears fine but you can smell 94C while standing outside the screen door coming from inside the house. I simply took note of what was going on and passed the information on to our detective. Is a search warrant needed or is this enough to enter the house to conduct a search of the immediate area (the room where the marijuana can be smelt)?

Please correct me if im wrong, but I beleive you would need consent or a warrant to enter the house in a situation like that.

 

[rreno11]

I believe that would fall under the Plain View Doctrine.

 

[JeepinWeezle]

I believe that would fall under the Plain View Doctrine.

Hmmm you may be right because there is plain smell... but for some reason im feeling that you cannot for some reason haha....anyone else? I'm not home to look it up.

 

[nightcopppa]

Just my 2 cents. I would say that if you can articulate that the smell was "fresh", and that the evidence (in this case a marijuana cigarette) was in the process of being smoked/destroyed, a limited entry may be permitted due to the exigency. However, I wouldn't go cutting open shi_bag Jr.'s teddy bears in the third floor bedroom if you are on the first floor and can smell where the source is coming from. If it is a house that is known for narcotics activity, and there is a likelihood that a really good seizure may come out of it, I would recommend "freezing" the scene, and putting in for a search warrant.
Use your interview skills. Try and get consent from them. That is usually the easiest way. Gage their reaction to you asking for consent. When I have run into that situation in the past, people will generally tell you to go right ahead. If that is the case, I would recommend getting the consent in writing on a Dept. generated consent to search home form. If your dept. doesn't use them, I would recommend that they start. If they tell you to pound sand and seem really nervous, might be a good time to get a warrant.

 

[rreno11]

as always keep the scope of the search in mind. If its a home that has been the subject of 94c activity you can advise the DA of said invest. You are so right about Jr's teddy bear. Never take it to far. If it doesn't feel "right" then you should "write".

 

[j809]

I believe that would fall under the Plain View Doctrine.

Negative, unless you actually see the marijuana when they open the door, then it would be plain view and exigency exists. However the police cannot create the exigency, in that case you need consent,warrant or emergency situations.