-Animated.gif)
Please Scroll Down to See Forums Below 
.jpg "Research Chemical Sciences")
.png "Research Chemical Sciences")
Metasomatized Ijolite
New member
OK, here's the situation. The cops are called to a traffic accident. Upon arriving at the scene, they notice a strong odor of marijuana coming from a house. They inspect the house from the outside while on the owner's property and notice a back door is open. They proceed to enter and find the motherload of pot. They then proceed to search the rest of the residence. No warrant has been obtained at this point.
The police chief claims that because the back door was open, the police had the right to enter under "special circumstances to secure the residence and inspect for violence".
I've never heard of any special circumstance allowing officers to enter a home "to secure it" because a door was open. You don't forfeit your 4th amendment rights by leaving your door open. Is the search legal? I say it's not. There was no consent from the resident, there were no exigent circumstances (nobody was even home), there was no warrant, and the police were not in "hot pursuit" of a suspect. Those are the only exceptions allowing a warrantless entry by the cops that I can find. Any lawyers on here that know otherwise?
The police chief claims that because the back door was open, the police had the right to enter under "special circumstances to secure the residence and inspect for violence".
I've never heard of any special circumstance allowing officers to enter a home "to secure it" because a door was open. You don't forfeit your 4th amendment rights by leaving your door open. Is the search legal? I say it's not. There was no consent from the resident, there were no exigent circumstances (nobody was even home), there was no warrant, and the police were not in "hot pursuit" of a suspect. Those are the only exceptions allowing a warrantless entry by the cops that I can find. Any lawyers on here that know otherwise?
