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So the police arrived with a warrant for C.'s arrest for not following through with his D.U.I. obligations, and they smelled something in the air, so they decided that gave them probable cause to search the house.
Backing up on this - the warrant to arrest C. gives them the right to enter the house and search C.'s room, but not my room, as a tenant (stuff I learned from my attorney). So I would have had the right to say that they need a warrant to search my room.
However, the situation is one where the officers were very pleasant and we were cooperating with them, and he basically wanted us to round up what we had in the house that was illegal (not very much, really) because of what he smelled to save him the time, stuff like that, I think he made a note that we were cooperative, but he could just as easily be joking about how easy it was with his buddies.
In addition, I had ordered some extremely legal herbal smoking substances that including things like lavender, frankincense and stuff like that - I've had it around for months now. The police officer took it and thought that it was Spice, and here is another note - in order for it to legally be considered Spice, it has to have at least 4 of the chemicals of what Spice mimics in it.
Therefore, we asked to have it tested in the laboratory. This is something else to note, as that was something we asked the officers to do that was not only within our rights, but something that they reacted positively to.
So there you guys go. I still don't know what to do when something like this happens, it is quite out of the blue, and one major problem I have is applying my rights and knowing what they are -
I mean, the police officers don't tell you, and they also kind of try to sweet talk you into letting them into the house and letting them search everything, and it's not necessarily true what they say about leniency and such. As far as I know, it is a running joke.
But the question is, how do you keep an officer from searching your room or your car without seeming suspicious? Any ideas on that one?
reply to post by darkbake
Well sounds like you got busted legally for something you shouldn't have had.
I think the lesson here is to refrain from having illegal substances around you whether it be you or your roomates. I can honestly say I've never had anything close to this experience because I never put myself in that situation.
Can officer just enter the suspect's residence as long as they have an arrest warrant?
No. There is a test as to (a) whether this is the suspect's residence, and (b) whether the suspect is in the residence. However, there is a difference of opinion as to what level of proof the officers must have of these two factors. The older standard is the one first laid out in U.S. v. Magluta, FEB95, 11Cir No. 93-5069.
We think it sufficient to hold that in order for law enforcement officials to enter a residence to execute an arrest warrant for a resident of the premises, the facts and circumstances within the knowledge of the law enforcement agents, when viewed in the totality, must warrant a reasonable belief that the location to be searched is the suspect's dwelling, and that the suspect is within the residence at the time of entry.
The reasonable belief standard seems to be the one that is adhered to in most jurisdictions, but in a minority of jurisdictions the standard is probable cause. The case which begins this line is U.S. v. Gorman, DEC02, 9Cir No. 02-50053.
We now conclude that the "reason to believe" standard of Payton and Underwood embodies the same standard of reasonableness inherent in probable cause.
"But the question is, how do you keep an officer from searching your room or your car without seeming suspicious? Any ideas on that one? "