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(Law and Crime)   Federal Appellate Court rules that if police say that they can smell the devil's lettuce they can turn your home into a tossed salad   (lawandcrime.com) divider line
    More: Asinine, Fourth Amendment to the United States Constitution, Melvin Lee Jones, police officers, search warrant, smell of marijuana, three-judge panel, Fourth Circuit, entire house  
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3502 clicks; posted to Main » and Politics » on 05 Mar 2020 at 9:59 AM (17 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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2020-03-05 8:54:12 AM  
So it's more important to take a relatively significant amount of time to toss someone's house for a couple of joints than it is to actually patrol the community?  Fark.  The countless individuals flying through residential neighborhoods in a reckless and discourteous manner or more of a farking danger to the public than some guy wanting to get high for an hour on their back porch.

Oh, and if my brother in-law is over for 5 minutes, I'm still smelling pot 30 minutes after he leaves....in the farking driveway.  I guess my house is fair game.
 
2020-03-05 9:17:40 AM  
America locks up more of its citizens than any other country in the world by a wide margin, and the drug laws are the reason why.
 
2020-03-05 9:36:09 AM  
Fortunately we live in a country where the police never ever lie and if an officer actually did, he would be summarily dismissed and disowned by his colleagues.
 
2020-03-05 10:02:00 AM  
Guess its time to plant lit joints in those 3 judges houses and call the cops on them with a noise complaint
 
2020-03-05 10:02:56 AM  
"Stop and Frisk" for houses.

Mike Bloomberg approves.
 
2020-03-05 10:03:25 AM  
Guess i need to get rid of my marijuana scented air freshener hanging on my rearview mirror
 
2020-03-05 10:03:26 AM  

theresnothinglft: Guess its time to plant lit joints in those 3 judges houses and call the cops on them with a noise complaint


I'm pretty sure I can smell pot from the street outside their homes. Best ransack their McMansions just to be sure!
 
2020-03-05 10:04:29 AM  
Oh what fun.

So, like reverse lamb's blood, you can just smear some weed along the doorway of some house. Hand the police a tip, and watch the angels of death descend (which is the highest form of patriot) upon your target.

/Land of the Free.
 
2020-03-05 10:04:36 AM  
absolute power corrupts absolutely

film at 11
 
2020-03-05 10:07:12 AM  
I saw the car cross the double yellow line so I initiated a traffic stop. I smelled marijuana so I searched the residence. A blanket pretext to end-run any rights.
 
2020-03-05 10:10:43 AM  
Haha pigs, my house belongs to a women!

/if only law worked the same as old magic, huh?
//Better check if women can own property in your state before playing the Eowyn card. Just 'cause.
 
2020-03-05 10:10:53 AM  
'Murica.
 
2020-03-05 10:10:57 AM  
All of this goes back to May 2016, when police say they got an anonymous tip that Jones was selling weed and crack out of his residence. The unnamed individual claimed that Jones had a gun.

Sounds to me like there's more to the opinion than just the smell of weed, but what do I know
 
2020-03-05 10:12:31 AM  
Keep voting for authoritarians.
 
2020-03-05 10:13:41 AM  

Cheron: I saw the car cross the double yellow line so I initiated a traffic stop. I smelled marijuana so I searched the residence. A blanket pretext to end-run any rights.


Rights are an illusion and probably always were. Terms like "eminent domain" come to mind. Your rights are essentially what a particular collective of powerful people decide they are.
 
2020-03-05 10:14:05 AM  

Marcus Aurelius: America locks up more of its citizens than any other country in the world by a wide margin, and the drug laws are the reason why.


But.....one of the big selling points taught in school during the 50s,60s, and seventies was that we are better than all other countries is because we don't do that.
So we were lied to?
I don't understand....
 
2020-03-05 10:14:08 AM  
If there is a skunk in the neighborhood, I guess everyone's houses are subject to a search. Thanks big government party.
 
2020-03-05 10:14:26 AM  

Super Chronic: All of this goes back to May 2016, when police say they got an anonymous tip that Jones was selling weed and crack out of his residence. The unnamed individual claimed that Jones had a gun.

Sounds to me like there's more to the opinion than just the smell of weed, but what do I know


Handle checks out.
 
2020-03-05 10:19:14 AM  
we are at least ostensibly the ones in charge.  I don't understand how shiat like this, that WE ALL hate, keeps happening.  can we not keep track of how our 'leaders' act, and vote them out when they need it?  is it all really tangled beyond repair, or is it our fault for not paying better attention?  I know I don't know who my own sheriff and city council and such local people are.  and I know that the system is designed to keep us out, usually in ways much more subtle than the retch-inducing closed polls in minority neighborhoods- the real voter fraud.  the stink pile of laws enacted, and law enforcement actions taken, that WE ALL HATE, just piles higher and stinks worse all day long, til I could wish I was the last of my family and didn't have to care about tomorrow.
 
2020-03-05 10:19:51 AM  
Is this actually news? I thought this was already established.

Also, this is just another reason why we need to legalize.
 
2020-03-05 10:20:57 AM  

Super Chronic: All of this goes back to May 2016, when police say they got an anonymous tip that Jones was selling weed and crack out of his residence. The unnamed individual claimed that Jones had a gun.

Sounds to me like there's more to the opinion than just the smell of weed, but what do I know


Yeah, I'm I'm the same boat.

I'm not one to defend cops or the judicial system very much, but this appears to be a bad case for the "look how corrupt our cops and judicial systems are."

Not only was the tip spot on, they got a warrant after literally finding weed.  While I don't think weed should be illegal, it is there and they followed actual law.  If this was different where the cops claimed to smell weed but there wasn't any and they found other stuff to arrest him on, like countless many other cases I would have a different stance.

They found weed, they didn't immediately toss his house, they got a warrant and then searched.

It seems they followed the letter of the law and the constitution.... for once.  Not finding anything to be upset about here outside the fact that weed shouldn't be illegal.
 
2020-03-05 10:21:58 AM  

deadromanoff: Marcus Aurelius: America locks up more of its citizens than any other country in the world by a wide margin, and the drug laws are the reason why.

But.....one of the big selling points taught in school during the 50s,60s, and seventies was that we are better than all other countries is because we don't do that.
So we were lied to?
I don't understand....


Turns out, being "better" wasn't profitable enough.
 
2020-03-05 10:23:00 AM  
In the ongoing War On Some Drugs, the score remains Drugs: 1, Constitution: 0.

The Founding Fathers...who included smugglers...must be so proud.
 
2020-03-05 10:23:08 AM  
For profit prisons and crooked cops, and a system that accomodates and encourages both. We have become the world of Snowcrash and 1984 combined.
 
2020-03-05 10:24:24 AM  

loki see loki do: For profit prisons and crooked cops, and a system that accomodates and encourages both. We have become the world of Snowcrash and 1984 combined.


The Running Man was a documentary and the events happened in real time.
 
2020-03-05 10:24:26 AM  

Super Chronic: All of this goes back to May 2016, when police say they got an anonymous tip that Jones was selling weed and crack out of his residence. The unnamed individual claimed that Jones had a gun.

Sounds to me like there's more to the opinion than just the smell of weed, but what do I know


probably all over a game of fortnite
 
2020-03-05 10:25:26 AM  

theresnothinglft: Guess its time to plant lit joints in those 3 judges houses and call the cops on them with a noise complaint


I'm all for leaving a few pounds in the bushes next to any Fed judge's house (including a few SCOTUS justices), then having a citizen perform a citizen's arrest - and FULL asset forfeiture - on those folks.

Payback, motherfarkers.
 
2020-03-05 10:27:34 AM  

UberDave: So it's more important to take a relatively significant amount of time to toss someone's house for a couple of joints than it is to actually patrol the community?


I think the point is they're hoping to find more than a couple joints. Enough to make it look like a big score so they can pat themselves on the back for taking down a drug dealer.

Fark.  The countless individuals flying through residential neighborhoods in a reckless and discourteous manner or more of a farking danger to the public than some guy wanting to get high for an hour on their back porch.

Not a particularly big problem in my neighborhood. I'm tucked way back and there's a dozen annoying speed bumps scattered all throughout. They're the big ones too. If speeding is an issue, then get some of those, they do wonders.

Or you could casually toss some caltrops out and risk pissing off your neighbors.

Oh, and if my brother in-law is over for 5 minutes, I'm still smelling pot 30 minutes after he leaves....in the farking driveway.  I guess my house is fair game.

So... you let him smoke in the house, or is he hotboxing in his car every time he comes over?
 
2020-03-05 10:33:31 AM  

indy_kid: theresnothinglft: Guess its time to plant lit joints in those 3 judges houses and call the cops on them with a noise complaint

I'm all for leaving a few pounds in the bushes next to any Fed judge's house (including a few SCOTUS justices), then having a citizen perform a citizen's arrest - and FULL asset forfeiture - on those folks.

Payback, motherfarkers.


earlier posters said much the same, and I get the appeal of revenge fantasy.  but first you'd have to find a way to divorce these people from their money, and any future advantage the weight of their name may carry.  laws are for the likes of us rabble, kid.
 
2020-03-05 10:42:27 AM  
I watch LivePD and have learned that every person in the united states smokes weed in their car and apparently there are only 3 people in the country with a valid drivers license.
 
2020-03-05 10:45:28 AM  
thank god i'm canadian. i can smoke all i want. in fact i think i'll have another bowl.
 
2020-03-05 10:46:56 AM  
They got a warrant first so they're already have the moral high ground over Bloomburg.
Yes we still need to legalize it.
 
2020-03-05 10:48:20 AM  
Well, duh!  You can probably find a lot more valuables in people's houses you can take under civil forfeiture laws than just in their cars.  "yep, all that jewelry, definitely bought by drug money.  We'll take that!..."
 
2020-03-05 10:48:26 AM  
You can have guns or weed, not both

/ cop cultture
 
2020-03-05 10:49:02 AM  

some_beer_drinker: thank god i'm canadian. i can smoke all i want. in fact i think i'll have another bowl.


When will canadian science give us odor-free pot? OMG that would be so nice. 

/pot literally stinks
 
2020-03-05 10:53:27 AM  

funk_soul_bubby: Rights are an illusion and probably always were. Terms like "eminent domain" come to mind. Your rights are essentially what a particular collective of powerful people decide they are.


Thrasymachus lives!
 
2020-03-05 10:58:38 AM  

UberDave: So it's more important to take a relatively significant amount of time to toss someone's house for a couple of joints than it is to actually patrol the community?  Fark.  The countless individuals flying through residential neighborhoods in a reckless and discourteous manner or more of a farking danger to the public than some guy wanting to get high for an hour on their back porch.

Oh, and if my brother in-law is over for 5 minutes, I'm still smelling pot 30 minutes after he leaves....in the farking driveway.  I guess my house is fair game.


They police went there on a tip that he was selling pot and crack and had a gun, the smelling of the pot confirmed that there was atleast that in the house, but does atlest give credibility to the fact that the tipper was telling the truth.
 
2020-03-05 11:00:29 AM  

UberDave: So it's more important to take a relatively significant amount of time to toss someone's house for a couple of joints than it is to actually patrol the community?  Fark.  The countless individuals flying through residential neighborhoods in a reckless and discourteous manner or more of a farking danger to the public than some guy wanting to get high for an hour on their back porch.

Oh, and if my brother in-law is over for 5 minutes, I'm still smelling pot 30 minutes after he leaves....in the farking driveway.  I guess my house is fair game.


While I believe the search was total horseshiat, this guy didn't just want to smoke a joint.
"a pistol, marijuana, crack cocaine, and "items commonly used for packaging an weighing narcotics."


He's a felon. Any one of those items busts you back to the pokey. So he's both a moron and a criminal.

If he had complied with the restrictions of his prior offenses, none of this story would have taken place. The bullshiat bust wouldn't have happened and we could all go be outraged about something else.

You could also posit that if he hadn't chosen to do the things that made him a felon in the first place, none of this would have happened either. But that's another soapbox.
 
2020-03-05 11:01:00 AM  

dkulprit: Super Chronic: All of this goes back to May 2016, when police say they got an anonymous tip that Jones was selling weed and crack out of his residence. The unnamed individual claimed that Jones had a gun.

Sounds to me like there's more to the opinion than just the smell of weed, but what do I know

Yeah, I'm I'm the same boat.

I'm not one to defend cops or the judicial system very much, but this appears to be a bad case for the "look how corrupt our cops and judicial systems are."

Not only was the tip spot on, they got a warrant after literally finding weed.  While I don't think weed should be illegal, it is there and they followed actual law.  If this was different where the cops claimed to smell weed but there wasn't any and they found other stuff to arrest him on, like countless many other cases I would have a different stance.

They found weed, they didn't immediately toss his house, they got a warrant and then searched.

It seems they followed the letter of the law and the constitution.... for once.  Not finding anything to be upset about here outside the fact that weed shouldn't be illegal.


Fark logic:

Cops are bad.
Weed is good (I don't disagree with this stance).
Cops are bad.
Guns are bad.
Guns found after a search warrant.  Guns taken off the street by someone who is by Federal law not allowed to purchase a firearm (a user of Marijuana) are OK because.

Cops & weed.

If anything, they got a gun out of the hands of someone who probably shouldn't have one, and is prohibited by Federal law from purchasing one.  You would think that would be the story and all....
 
2020-03-05 11:05:02 AM  

rainbowbutter: we are at least ostensibly the ones in charge.  I don't understand how shiat like this, that WE ALL hate, keeps happening.  can we not keep track of how our 'leaders' act, and vote them out when they need it?  is it all really tangled beyond repair, or is it our fault for not paying better attention?  I know I don't know who my own sheriff and city council and such local people are.  and I know that the system is designed to keep us out, usually in ways much more subtle than the retch-inducing closed polls in minority neighborhoods- the real voter fraud.  the stink pile of laws enacted, and law enforcement actions taken, that WE ALL HATE, just piles higher and stinks worse all day long, til I could wish I was the last of my family and didn't have to care about tomorrow.


because we dont all hate it. I am having trouble finding where the problem is. The cops went there on a tip selling weed and crack and having a gun by a felon. When they get there they have confirmation that weed is on the premises, they verify and get a warrent for the rest of the house. This seems like a good bust for what the laws are. I dont even think weed or any drug should be illegal, but it seems like they followed the rules here.
 
2020-03-05 11:07:49 AM  

Cthulhu Theory: UberDave: So it's more important to take a relatively significant amount of time to toss someone's house for a couple of joints than it is to actually patrol the community?

I think the point is they're hoping to find more than a couple joints. Enough to make it look like a big score so they can pat themselves on the back for taking down a drug dealer.

Fark.  The countless individuals flying through residential neighborhoods in a reckless and discourteous manner or more of a farking danger to the public than some guy wanting to get high for an hour on their back porch.

Not a particularly big problem in my neighborhood. I'm tucked way back and there's a dozen annoying speed bumps scattered all throughout. They're the big ones too. If speeding is an issue, then get some of those, they do wonders.

Or you could casually toss some caltrops out and risk pissing off your neighbors.

Oh, and if my brother in-law is over for 5 minutes, I'm still smelling pot 30 minutes after he leaves....in the farking driveway.  I guess my house is fair game.

So... you let him smoke in the house, or is he hotboxing in his car every time he comes over?


In fairness, speeding and running stop signs is a big problem in my neighborhood. They installed speed humps to counter this. Didn't work, so they filled in the the concrete median that was open and allowed vehicles to make a left hand turn out of the neighborhood, has not made a difference. I live 2(ish) blocks from a local police sub-station, you would think it would help, but no, the cops are busy busting street level dealers (yes, ofc trying to get to that bigger fish) and investigating the gun and gang violence that is very very prevalent in the neighborhood. You can hear gunshots at least every other night and on a busy night, you hear multiple occurrences. So, while I wish they would do something about the wreckless drivers, speeding and blasting through the stop signs, I am glad they are trying to deal with the gang and drug problem thats happening.

Pot shouldn't be illegal, I agree. But it is and since it is Texas, there is far more money in keeping pot a criminal offense. Several years ago, one of the Houston chapters of NORML went through some executive changes and they brought in a new president who basically said that for $6m they could get a bill before the legislature and who knows how much to get it passed. Thats pretty much when that particular branch and NORML splintered and fell apart down here.

There is movement and we will see a change, but its just so damn slow.

I'm really pissed that IL beat us to the punch, but I suspect TX will be one of the last states and a bell-weather to the rest of the stupid south. Just so much $ could be made from making it and industrial grade hemp legal (which this is a lot closer than pot in TX.)
 
2020-03-05 11:26:08 AM  
If you still have any doubts about whether the system can operate fairly and reasonably, remember that Alabama is executing a man today who every bit of evidence is proving to be innocent.
 
2020-03-05 11:33:40 AM  

thaylin: rainbowbutter: we are at least ostensibly the ones in charge.  I don't understand how shiat like this, that WE ALL hate, keeps happening.  can we not keep track of how our 'leaders' act, and vote them out when they need it?  is it all really tangled beyond repair, or is it our fault for not paying better attention?  I know I don't know who my own sheriff and city council and such local people are.  and I know that the system is designed to keep us out, usually in ways much more subtle than the retch-inducing closed polls in minority neighborhoods- the real voter fraud.  the stink pile of laws enacted, and law enforcement actions taken, that WE ALL HATE, just piles higher and stinks worse all day long, til I could wish I was the last of my family and didn't have to care about tomorrow.

because we dont all hate it. I am having trouble finding where the problem is. The cops went there on a tip selling weed and crack and having a gun by a felon. When they get there they have confirmation that weed is on the premises, they verify and get a warrent for the rest of the house. This seems like a good bust for what the laws are. I dont even think weed or any drug should be illegal, but it seems like they followed the rules here.


dude, shut it before someone notices I didn't read the article!  there really are way too many examples of abuse of power, and elected officials circumventing the expressed will of the people.  if this wasn't one, well I guess I threw my tantrum in the wrong sandbox.
 
2020-03-05 11:35:16 AM  

rubi_con_man: some_beer_drinker: thank god i'm canadian. i can smoke all i want. in fact i think i'll have another bowl.

When will canadian science give us odor-free pot? OMG that would be so nice.

/pot literally stinks


Vaping would have saved his ass.
 
2020-03-05 11:37:12 AM  

rainbowbutter: thaylin: rainbowbutter: we are at least ostensibly the ones in charge.  I don't understand how shiat like this, that WE ALL hate, keeps happening.  can we not keep track of how our 'leaders' act, and vote them out when they need it?  is it all really tangled beyond repair, or is it our fault for not paying better attention?  I know I don't know who my own sheriff and city council and such local people are.  and I know that the system is designed to keep us out, usually in ways much more subtle than the retch-inducing closed polls in minority neighborhoods- the real voter fraud.  the stink pile of laws enacted, and law enforcement actions taken, that WE ALL HATE, just piles higher and stinks worse all day long, til I could wish I was the last of my family and didn't have to care about tomorrow.

because we dont all hate it. I am having trouble finding where the problem is. The cops went there on a tip selling weed and crack and having a gun by a felon. When they get there they have confirmation that weed is on the premises, they verify and get a warrent for the rest of the house. This seems like a good bust for what the laws are. I dont even think weed or any drug should be illegal, but it seems like they followed the rules here.

dude, shut it before someone notices I didn't read the article!  there really are way too many examples of abuse of power, and elected officials circumventing the expressed will of the people.  if this wasn't one, well I guess I threw my tantrum in the wrong sandbox.


that is fair.
 
2020-03-05 11:44:42 AM  
Legal recreational is one of the few things voters here in Michigan have done right.
 
2020-03-05 11:45:52 AM  
So if I swear I smell bacon cooking can I search your patrol  car?
 
2020-03-05 12:03:25 PM  
I'm not getting all the outrage here.

"When Jones responded to the knock and opened the front door, police immediately smelled a "strong odor of marijuana smoke coming from inside the house."

"They [The Police] found a "still-smoldering marijuana cigarette sitting on top of the trash in an open trash can in the kitchen." A responding officer proceeded to apply for a search warrant so they could search the rest of Jones's house.

That warrant, much to Jones's dismay, gave cops permission to search safes and locked boxes as part of an investigation that began with the smell of marijuana. During the search, cops found a pistol, marijuana, crack cocaine, and "items commonly used for packaging an weighing narcotics."
........

The police had a tip. They checked it out.  They found prima facie evidence (the odor) of illegal drug use. They then found more evidence in the form of a lighted joint.

Did they then shake down the house? No:  they went to a Judge and obtained a search warrant first.  That was the  search that turned up evidence that he wasn't just a casual user.... guy was a Crack dealer.

What's wrong with this?
 
2020-03-05 12:14:54 PM  
Headline of the year candidate right there. Good one.
 
2020-03-05 12:26:36 PM  

Hachitori: I'm not getting all the outrage here.

"When Jones responded to the knock and opened the front door, police immediately smelled a "strong odor of marijuana smoke coming from inside the house."

"They [The Police] found a "still-smoldering marijuana cigarette sitting on top of the trash in an open trash can in the kitchen." A responding officer proceeded to apply for a search warrant so they could search the rest of Jones's house.

That warrant, much to Jones's dismay, gave cops permission to search safes and locked boxes as part of an investigation that began with the smell of marijuana. During the search, cops found a pistol, marijuana, crack cocaine, and "items commonly used for packaging an weighing narcotics."
........

The police had a tip. They checked it out.  They found prima facie evidence (the odor) of illegal drug use. They then found more evidence in the form of a lighted joint.

Did they then shake down the house? No:  they went to a Judge and obtained a search warrant first.  That was the  search that turned up evidence that he wasn't just a casual user.... guy was a Crack dealer.

What's wrong with this?


What's wrong with this? What's WRONG with tTHIS?!

They're COPS! That's what's wrong with this!

Not that you care mr bootlicker-san.
 
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