Home› Main Category› Second Amendment/Politics
CaliFFL
Senior MemberPosts: 5,486 Senior Member
Kansas Supreme Court rules cops can enter any house w/o a warrant if they smell weed

Downside: Cops can say they smell weed to enter any house. Doesn't matter if there actually is weed, or a dead skunk or Heineken beer. "I smelled the weed from 30 feet, in a baggie, sealed in a Tupperware container, inside a locked safe, inside a closet. My nose is that good." Of course, the Court did not challenge this BS. Kansas police now have a "license to lie" to circumvent PC.
Upside: Kansas residents will save tax money with the elimination of drug dogs.
https://www.cjonline.com/news/20181208/kansas-supreme-court-decision-in-marijuana-case-hinges-on-lawrence-officers-sense-of-smell
Upside: Kansas residents will save tax money with the elimination of drug dogs.
https://www.cjonline.com/news/20181208/kansas-supreme-court-decision-in-marijuana-case-hinges-on-lawrence-officers-sense-of-smell
When our governing officials dismiss due process as mere semantics, when they exercise powers they don’t have and ignore duties they actually bear, and when we let them get away with it, we have ceased to be our own rulers.
Adam J. McCleod
Adam J. McCleod
Replies
― Douglas Adams
Justice Dan Biles, who wrote the majority opinion released Friday sustaining the Court of Appeals’ decision in 2016 upholding the convictions, said officers didn’t have to perform a sophisticated sensory task to proceed with reasonable action intended to prevent possible destruction of evidence.
“We are not dealing with sommeliers trying to identify a white wine as a Loire Valley Chenin Blanc,” he wrote in the decision.
The judge's comment relieves the cops from any qualifiers.
Adam J. McCleod
If this case goes to SCOTUS and is upheld, it will set precedent for the entire US, not only Kansas.
Adam J. McCleod
Adam J. McCleod
Adam J. McCleod
Now, whether or not Gavin Newsom decides that probable cause to enter exists for the smell of Hoppe's or Shooter's Choice remains to be seen.
"Nothing is safe from stupid." - Zee
Adam J. McCleod
― Douglas Adams
Adam J. McCleod
― Douglas Adams
Let them dig their own holes, anything you say or do can and will be used against you in a court of law, state your innocence, refuse to cooperate on the grounds that you have no idea why they are in your place, you have no search warrant to state in writing why they are there, you said they said.
Adam J. McCleod
― Douglas Adams
― Douglas Adams
Deputy Dog smelled 25.07 grams of raw MJ inside a baggie, inside a Tupperware container, inside a safe, inside a closet, and 30 feet away while standing outside the entrance doorway? BS....she went fishing and got lucky, that's all. The other cops on scene testified they did not smell any weed. The bongs found were clean and had no traces of MJ. There was a trace of burnt MJ in an ashtray. The safe had to be pried open to find the weed. Remember, the cops prying the safe open testified they did not smell weed. Only one cop detected "the strong smell of raw marijuana." Again, the other cops searching the place did not smell it.
At this point, it doesn't matter if she was lying or not...Kansas cops can now say they smelled weed or any other contraband to justify a warrantless search. There's no qualifiers; the Justices made sure of that. Exigent and totality of the circumstances is whatever the police say it is at the time of the warrantless search.
Adam J. McCleod