The most common warrantless searches appear to be vehicle searches based on the smell of drugs. Warrantless searches based on plain smell: Articulable facts, then, must demonstrate a suspicion that the defendant possessed more than one ounce of marijuana, because possession of one ounce or less of marijuana is not a crime.
In these situations, an officer may have probable cause to conduct a search in plain smell. Duncan 42 Cal. However, there is usually other evidence, in conjunction with the plain smell evidence, to support the warrant request.
Other drugs may be less familiar, especially to an unseasoned officer, or an officer that has not been exposed to cases involving specific types of illegal substances, therefore making it more difficult to use plain smell as probable cause to earch. Superior Court, 46 Cal.
For instance, with some states passing laws to decriminalize small amounts of marijuana, searches conducted in plain smell with regards to marijuana are now being considered as lacking in probable cause.
United States U. Ross, US allows officers, with probable cause, to search a vehicle and any containers therein without a warrant. Under the plain smell doctrine, an officer can use his sense of smell as probable cause to search if there is an articulable belief that the origination of the odor is an illegal substance, or if it indicates an exigent circumstance.
The protections afforded us by the Fourth Amendment are interpreted and defined mainly by case law, which can create a lot of confusion, as public policy and changes in our laws can make it difficult to stay informed.
Stegman Cal. However, in most cases of plain smell, there is more than just odor presented as probable cause to obtain a warrant. Divito Cal. California, U. In Massachusetts, the state Supreme Court recently issued a decision Commonwealth v. There have been numerous arrest warrants issued based on the principle of plain smell.
As for using the plain smell doctrine as probable cause for any other type of warrantless search, odor can be sufficient, depending on the circumstances, but it is usually not enough.
In many cases, odor may be the initial catalyst for the officer to decide to investigate, but normally there needs to be supportive evidence, such as plain view or strong circumstantial evidence to justify a warrantless search.
It is clear that the plain smell doctrine can be difficult to use as the sole reason for probable cause to search. An officer relying on plain smell as probable cause should always attempt to obtain other supporting evidence to ensure the validity of his search under the Fourth Amendment, otherwise it may not hold up under close scrutiny.Rules for searches conducted in plain smell are complex and varied based on the circumstances and location of the search.
Under the plain smell doctrine, an officer can use his sense of smell as probable cause to search if there is an articulable belief that the origination of the odor is an illegal substance, or if it indicates an exigent circumstance.
This is not an example of the work written by our professional essay writers. Fourth amendment; search and seizure. It forms section of the bill of rights that guards against unreasonable and/illegal searches and seizures. Its predecessor was the writ of assurance which was adversely abused and over-used in the American Revolution.
Search and seizure is an integral part of law enforcement; however, it must be handled to the letter of the law protecting the rights of all parties involved.
According to the Emergency Doctrine2, probable cause3 in addition to exigent circumstances4 under Article of the Code of Criminal Procedure may afford the police the authority to. Illegal Search and Siezure essaysIt is a calm Saturday night, the sky is clear and the stars are out.
The house down the street has invited some friends over for a party. There are a few kegs of beer in the basement and the music is playing.
All the doors to the house are shut except the one that e. Essay on Warrantless Arrests and Searches. The Fourth Amendment to the U.S. Constitution provides legal protection against unreasonable search and seizure conducted by federal government agents and law enforcement officers who are planning to use that evidence in a criminal process.
Illegal Search And Use Of Evidence Search and seizure is a legal procedure whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.Download