Truth Seeker
New Member
Who needs a search warrant when you've got a nose?
It's a common phrase in South Florida arrest reports: the scent of marijuana wafting from a suspect's vehicle.
And while the detail may seem amusing, it's actually a serious legal requirement that traces its roots to a prohibition-era U.S. Supreme Court ruling.
In Florida and across the country, the smell of pot gives law enforcement the right to search a person or vehicle without a warrant.
Locally, arrest reports from South Florida law enforcement agencies frequently highlight this move in action.
One example is Boca Raton, where police say they regularly intercept suspected burglars and thieves by stopping their vehicles on traffic violations, then invoking stench of pot to initiate a search, according to probable cause affidavits. In many of the Boca cases, the search leads to the recovery of glass-breaking window punches, stolen credit and debit cards, and other stolen items, arrest reports say.
"If you smell marijuana, it's evidence of a crime," said Officer Sandra Boonenberg, spokeswoman for Boca Raton Police Services Department.
"To me, it's common sense," said Lt. Ron Barerez, head of the Broward Sheriff's Office narcotics division, who said smell-based searches are also a regular occurrence in Broward County. "If you smell marijuana, a reasonable person would believe that marijuana is there."
Barerez continued: "I would almost say a cop would be negligent in his duty if he didn't search a vehicle after smelling it." He said the smell of pot in a vehicle often indicates other criminal activity, like possession of cocaine and pills, not to mention potential impairment.
"Its definitely an avenue that has opened up many investigations for police officers," Barerez said.
But as perceptions and laws surrounding marijuana change around the country, the ability to conduct warrantless searches based on the smell of marijuana has faced some challenges from forces both inside and outside law enforcement.
In Florida, recent cases in Sarasota and Pinellas County have cast doubt on some officers' claims they were able to smell the marijuana cited in their probable cause affidavits and search warrant applications. And in Massachusetts, where voters decriminalized small amounts of marijuana in 2008, a state court struck down the ability to smell and search in 2011.
Locally, defense attorneys say they aren't convinced that every search is legitimate. They argue that youths and minorities are targeted disproportionately and say that because the search relies solely on an officer's word, it's prone to misconduct.
"It's one of the highest, most protected rights under the Constitution, the right to be free of unreasonable search and seizure," said William Paul Barry, a defense attorney based in Boca Raton. "In the cases where it's hard to believe [the officer actually smelled marijuana], it's the worst kind of violation."
"It's just become more one more weapon in a police officer's arsenal to invade our privacy," said Joe Walsh, a Boca Raton-based defense attorney and former Palm Beach County public defender.
Law enforcement officials dispute these arguments. They say the legal right to search a vehicle or person without a warrant is a valuable resource in their fight against crime. They point to the long history of case law both in and out of the state that allows authorities the right to investigate if they see or smell illegal activity.
"The law enforcement side is to enforce the law," said Teri Barbera, spokeswoman for the Palm Beach County Sheriff's Office. "The defense attorneys' side is to get their clients off. We're enforcing the law."
"We profile criminals, not youths and/or minorities," Boca Raton's Boonenberg said in an email. "We are tough on crime in Boca Raton, and we will not take a passive approach, simply waiting for our citizens to be victimized by the predators who come into our city to commit crimes. We are also aggressive on maintaining professional standards."
A University of Florida law enforcement instructor who spent decades teaching future officers said any concerns raised about law enforcement conduct need to begin with the demands placed on them by society – and the relatively small amount of education and training required to be an entry-level police officer.
He said that most training happens on the job, which means some officers simply do not have the same experience level as others.
"There's no doubt in my mind that we place far more responsibility on law enforcement officers than we prepare them to reasonably perform," said Fred Shenkman, a professor emeritus at UF's Department of Sociology and Criminology & Law.
The smell-search law dates back to the Carroll Doctrine, a 1925 U.S. Supreme Court decision that upheld warrantless vehicle searches after federal agents busted a liquor smuggler. Subsequent challenges in Florida courts since then have upheld the practice in the Sunshine State, although there have been some hiccups.
In a Sarasota County court last August, a judge threw out a case in which a deputy arrested a man after claiming he could smell a small bag of marijuana in the man's sock while both were driving in separate cars.
And last year in Pinellas County, three narcotics deputies quit after they claimed to have smelled marijuana from a house, but had trespassed on the property to gain closer access, media reports said. A fourth was fired when he refused to answer questions.
Barerez said that depending on the quality, a small amount of hydroponically grown marijuana could produce a powerful stench.
"Literally a gram of it, about the size of a quarter," Barerez said. "That could smell up a car."
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: orlandosentinel.com
Author: Brett Clarkson
Contact: Contact OrlandoSentinel.com and the Orlando Sentinel - OrlandoSentinel.com
Website: Smell of marijuana: Trigger of warrantless searches faces new scrutiny - OrlandoSentinel.com
It's a common phrase in South Florida arrest reports: the scent of marijuana wafting from a suspect's vehicle.
And while the detail may seem amusing, it's actually a serious legal requirement that traces its roots to a prohibition-era U.S. Supreme Court ruling.
In Florida and across the country, the smell of pot gives law enforcement the right to search a person or vehicle without a warrant.
Locally, arrest reports from South Florida law enforcement agencies frequently highlight this move in action.
One example is Boca Raton, where police say they regularly intercept suspected burglars and thieves by stopping their vehicles on traffic violations, then invoking stench of pot to initiate a search, according to probable cause affidavits. In many of the Boca cases, the search leads to the recovery of glass-breaking window punches, stolen credit and debit cards, and other stolen items, arrest reports say.
"If you smell marijuana, it's evidence of a crime," said Officer Sandra Boonenberg, spokeswoman for Boca Raton Police Services Department.
"To me, it's common sense," said Lt. Ron Barerez, head of the Broward Sheriff's Office narcotics division, who said smell-based searches are also a regular occurrence in Broward County. "If you smell marijuana, a reasonable person would believe that marijuana is there."
Barerez continued: "I would almost say a cop would be negligent in his duty if he didn't search a vehicle after smelling it." He said the smell of pot in a vehicle often indicates other criminal activity, like possession of cocaine and pills, not to mention potential impairment.
"Its definitely an avenue that has opened up many investigations for police officers," Barerez said.
But as perceptions and laws surrounding marijuana change around the country, the ability to conduct warrantless searches based on the smell of marijuana has faced some challenges from forces both inside and outside law enforcement.
In Florida, recent cases in Sarasota and Pinellas County have cast doubt on some officers' claims they were able to smell the marijuana cited in their probable cause affidavits and search warrant applications. And in Massachusetts, where voters decriminalized small amounts of marijuana in 2008, a state court struck down the ability to smell and search in 2011.
Locally, defense attorneys say they aren't convinced that every search is legitimate. They argue that youths and minorities are targeted disproportionately and say that because the search relies solely on an officer's word, it's prone to misconduct.
"It's one of the highest, most protected rights under the Constitution, the right to be free of unreasonable search and seizure," said William Paul Barry, a defense attorney based in Boca Raton. "In the cases where it's hard to believe [the officer actually smelled marijuana], it's the worst kind of violation."
"It's just become more one more weapon in a police officer's arsenal to invade our privacy," said Joe Walsh, a Boca Raton-based defense attorney and former Palm Beach County public defender.
Law enforcement officials dispute these arguments. They say the legal right to search a vehicle or person without a warrant is a valuable resource in their fight against crime. They point to the long history of case law both in and out of the state that allows authorities the right to investigate if they see or smell illegal activity.
"The law enforcement side is to enforce the law," said Teri Barbera, spokeswoman for the Palm Beach County Sheriff's Office. "The defense attorneys' side is to get their clients off. We're enforcing the law."
"We profile criminals, not youths and/or minorities," Boca Raton's Boonenberg said in an email. "We are tough on crime in Boca Raton, and we will not take a passive approach, simply waiting for our citizens to be victimized by the predators who come into our city to commit crimes. We are also aggressive on maintaining professional standards."
A University of Florida law enforcement instructor who spent decades teaching future officers said any concerns raised about law enforcement conduct need to begin with the demands placed on them by society – and the relatively small amount of education and training required to be an entry-level police officer.
He said that most training happens on the job, which means some officers simply do not have the same experience level as others.
"There's no doubt in my mind that we place far more responsibility on law enforcement officers than we prepare them to reasonably perform," said Fred Shenkman, a professor emeritus at UF's Department of Sociology and Criminology & Law.
The smell-search law dates back to the Carroll Doctrine, a 1925 U.S. Supreme Court decision that upheld warrantless vehicle searches after federal agents busted a liquor smuggler. Subsequent challenges in Florida courts since then have upheld the practice in the Sunshine State, although there have been some hiccups.
In a Sarasota County court last August, a judge threw out a case in which a deputy arrested a man after claiming he could smell a small bag of marijuana in the man's sock while both were driving in separate cars.
And last year in Pinellas County, three narcotics deputies quit after they claimed to have smelled marijuana from a house, but had trespassed on the property to gain closer access, media reports said. A fourth was fired when he refused to answer questions.
Barerez said that depending on the quality, a small amount of hydroponically grown marijuana could produce a powerful stench.
"Literally a gram of it, about the size of a quarter," Barerez said. "That could smell up a car."
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: orlandosentinel.com
Author: Brett Clarkson
Contact: Contact OrlandoSentinel.com and the Orlando Sentinel - OrlandoSentinel.com
Website: Smell of marijuana: Trigger of warrantless searches faces new scrutiny - OrlandoSentinel.com
