Marijuana Odor Didn't Justify Search Without a Warrant

**BEB** · 03-10-07, 12:39 PM

http://www.ksl.com/?nid=148&sid=971161

Marijuana Odor Didn't Justify Search Without a Warrant

SALT LAKE CITY (AP) -- The odor of burning marijuana didn't justify a search of a central Utah trailer without a warrant, the Utah Supreme Court said Friday.

Police officers broke through the door of a trailer in Carbon County in April 2003 because they believed the suspects were eliminating evidence by smoking it. The court, however, said there was no sign that Bernadette Duran knew authorities were around.

"Most significantly, there is no indication that the law enforcement officers engaged in any effort, much less a reasonable one, to reconcile their ... needs with the demands of personal privacy," the court said in a 4-1 decision.

The Supreme Court upheld a ruling by the Utah Court of Appeals. The case originated with a judge in 7th District Court in Price, who had refused to throw out evidence. Police seized guns and drugs.

"Oh, hallelujah," Duran's attorney, Samuel B. Bailey, said. "This is good news."

Duran and three other defendants pleaded guilty to drug charges, although her conviction was conditional and thrown out after the appeals court declared the seizure illegal, Bailey said.

He had feared the Supreme Court would rule against Duran, giving police more authority and diminishing privacy rights.

The ruling "will change things," Bailey predicted. "They pay attention, officers do. They read the case law and they know when they get overturned."

The dissenter on Utah's highest court was Associate Chief Justice Michael Wilkins, who said "this was not a close call" that would require a search warrant.

"Protecting the rights of citizens does not necessarily require the handcuffing of police," he wrote.

The Utah Attorney General's Office, which took the case to the Supreme Court, did not return a phone call seeking comment.

In the decision written by Justice Ronald Nehring, the majority expressed concern that police might feel empowered to enter a house to check if minors were drinking alcohol or search an 18-year-old for cigarettes, both without warrants.

**countybear** · 03-10-07, 01:53 PM

Ah.. the old 'slippery slope' fallacy, Utah Supreme Court style...

These incompetents...

In the decision written by Justice Ronald Nehring, the majority expressed concern that police might feel empowered to enter a house to check if minors were drinking alcohol or search an 18-year-old for cigarettes, both without warrants.

In other words.. if we tell police its ok to do their job, they just might do too much of their job...

**BEK** · 03-10-07, 04:03 PM

So now smells, arnt valid, next will be just cause you saw him growing pot dont give you enough reason I mean its not like cops are hortaculturalist and can tell the difference between a Marijuana plant and a fern.
Next on a traffic stop smelling an alcoholic beverage isnt enough to pull out the driver
I hope this kinda thing dosent make it across the other states cause the ruling is just stupid.
What I do know is case if i was an officer in the field and smelt burning marijuana in a car or a house I would make sure to detain the party, write my warrant and call the initial judge at 3 am. I would make sure to do that 5 or 6 times a month.

**Piggybank Cop** · 03-10-07, 06:38 PM

And don't forget; just because he is holding the smoking gun.....

**lewisipso** · 03-10-07, 11:24 PM

Originally Posted by BEK320

I hope this kinda thing dosent make it across the other states cause the ruling is just stupid.
What I do know is case if i was an officer in the field and smelt burning marijuana in a car or a house I would make sure to detain the party, write my warrant and call the initial judge at 3 am. I would make sure to do that 5 or 6 times a month.

Roger that!

**JLK** · 03-10-07, 11:37 PM

did not say anything about cars. (mobile) . along those lines can you force entry into a home to get a dui driver. all that aside don't need case law here we have the admin. and the city powers that be that don't like too much policing. just my own thinking.

**BEK** · 03-11-07, 04:18 AM

every time I ever catch something like that and I get up on the stand and the defense attorney asks me why I did what I did I look them right in the eye and say "Cuz Im the PO LICE and that just how I roll" The attorneys ALWAYS back down cuz they feel my flava. Thats how I know that kinda ruling wouldnt happen here

**conalabu** · 03-11-07, 03:14 PM

Utah Supreme Court. 'Nuff said.

**TXCharlie** · 03-11-07, 04:00 PM

We were just talking about that in class the other day... Knock on the door of a loud party, say "please turn your stereo down", smell marijuana, and there's your PC to walk in to see what's going on.

Luckily what happens in Utah stays in Utah and doesn't affect Texas