You're Gonna Be Doin' a Lot of Doobie Rollin'...

buzztheirazz

Dodd-Like
Joined
Aug 15, 2005
Messages
2,768
Why the ---- do you consent to a search when you know you have illegal ---- in the apartment?

Make them get a warrant. and flush as much in the meantime as possible
They have probable cause and would most likely not let you re-enter the apartment and if you tried you would be arrested for hindering a law enforcement investigation.

I agree with what you said but I don't think it would have mattered. He shouldn't have even opened the door.
 

ThisIsAtlanta

Break In Case Of Emergency
Staff member
Joined
Oct 18, 2009
Messages
61,115
They have probable cause and would most likely not let you re-enter the apartment and if you tried you would be arrested for hindering a law enforcement investigation.

I agree with what you said but I don't think it would have mattered. He shouldn't have even opened the door.
Not in my understanding. If they don't give consent, those officers cannot enter without a warrant unless they have probable cause to believe that somebody in the home is in danger, or if they've already made an arrest and they believe somebody inside the home is destroying evidence related to that arrest. Probable cause based on simple possession and even possession with intent to distribute will in the vast majority of cases not be enough for them to obtain a warrant after the fact, unless the officer established "plain view" of the offending material.

From the description of the scenario they smelled it and then asked and were granted consent for a search, which was dumb. If the consent is not granted, the officers have no further recourse to perform a search of the house based on the smell alone.
 

andrew

Bobby Bonilla's Financial Planner
Joined
Jun 5, 2010
Messages
27,235
They have probable cause and would most likely not let you re-enter the apartment and if you tried you would be arrested for hindering a law enforcement investigation.

I agree with what you said but I don't think it would have mattered. He shouldn't have even opened the door.
Re-enter the apartment? You don't leave the apartment (assuming you have something to hide) and you don't let them enter the apartment (in pretty much any situation).
 
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