Can I get a misdemeanor marijuana possession/interference charge dropped if the proper protocol was not followed by the police
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Can I get a misdemeanor marijuana possession/interference charge dropped if the proper protocol was not followed by the police
Two police officers approached my motel room door and asked if I was Adam, of if
I knew where he was and if they could speak to him. I replied ‘he’s not here, and
no’, they proceeded to ask if they could look around, and I did not give them
consent. I then attempted to close the door on them, in which, they forcibly
tried to stop me. Allegedly, the room smelled like marijuana, and I ran out the
back door of the motel, leading to me to be ultimately detained. They then got a
search warrant issued before returning to the jail to cite me for a misdemeanor
possession charge.
Would this potentially be grounds for dismissal?
Asked on June 4, 2018 under Criminal Law, Wyoming
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
This would most likely not be grounds for dismissal: they smelled marijuana, which means they smelled evidence of an in-progress crime and the existence of contraband. That would itself have justified a warrantless search under one of the exceptions (e.g. the one for an "exigent search") to the Fourth Amendment's requirement for a warrant. Add to that you running for the police--suspicious and potentially evidence of criminal activity--and they were entitled to first try and enter your room and second arrest you; this would also provide the legal basis for the search warrant.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
This would most likely not be grounds for dismissal: they smelled marijuana, which means they smelled evidence of an in-progress crime and the existence of contraband. That would itself have justified a warrantless search under one of the exceptions (e.g. the one for an "exigent search") to the Fourth Amendment's requirement for a warrant. Add to that you running for the police--suspicious and potentially evidence of criminal activity--and they were entitled to first try and enter your room and second arrest you; this would also provide the legal basis for the search warrant.
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