Let's say there was a guy living in an apartment building in Fairfax. With him in the apartment are his 2 roommates and one of their girlfriends -- all sound asleep in their beds at around 4:00 AM in the morning.

The guy is awoken from his sleep by the sound of someone or someones banging loudly on the door. Lets say the person got really drunk the night before and it took him a second to wake up and make it to the door to check out the situation.

This is a very brave person and he flung open the front door in a rage without looking through the peephole thinking it may have been some friends. To his surprise, there are 2 FCPD officers standing at the door. The person probably would not have shut the door in their face but one of the officers had put his foot firmly against the surface as a precautionary measure.

The gentlemen is informed by the officers that neighbors in the complex reported hearing an argument and what appeared to be "a body hitting the floor". The officers enter the residence.

The recently awoken half drunk 20 something informs the officers "he does not know what is going on and is extremely confused as to the reason of their visit" -- all very civil and politely expressed.

Immediately upon entry to the residence the police notice a large water pipe "bong" sitting on the coffee table and mason jar full of marijuana in plain view. They ask the guy if indeed that is marijuana to which he responds "yes".

The officers take a look around the apartment, looking for what may have been the reason for the 911 call that was made minutes earlier. The guy leads them through the apartment, to his bedroom. The female police officer notices another jar of marijuana on the tenants night stand, asks "is that more marijuana?" to which the gentlemen truthfully responds "yes".

He then leads them to his roommates room who is sleeping with his girlfriend. While entering the bedroom the officers and tenant are shocked and amused to see the couple laying buck naked in the bed, fast asleep. The gentlemen had never seen his roommates penis nor his girlfriends breast and vagina. "It doesn't look like theres too much fighting going on in here" said one officer to the other.

Walking down the hallway back to the main area the officer asks the tenant for some ID. The tenant is absolutely terrified, fully expecting to goto jail for the night over the marijuana. Shaking like a leaf, he hands the officer his ID and they radio it in to their office and the gentlemen comes off clean aside from one DWI several years ago. The ID is handed back to the tenant.

The officers apologize for the error and admit that the apartment is fine and nothing looked out of order. There was no sign of this alleged "loud argument and a body hitting the floor".

The male officer tells the tenant "to get that bong and weed out of my line of sight". He also questions him, "do you have any hard stuff, coke, x?" to which he replies "no".

The officers say "good night" and leave. The tenant is an atheist but thanks God regardless.

My question: Could this gentlemen be arrested and charged in court for possession of marijuana taking into account that the police were not justified in entering the premises? If he was charged, could he motion to have the case dismissed on account of the story just told?

feel free to ask questions or for any clarification

sorry it turned out so lengthy

Livin' to Work Wrote:
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> all sound asleep in their beds at around 4:00 AM
> in the morning.

As opposed to 4am in the afternoon?

But seriously, sounds like cool cops not to escalate. IANAL but if they had probable cause to enter your apartment without a warrant to investigate a fight or murder (questionable there) and found drugs I don't know how that works, if that would be admissible or not. Your story leads the reader to believe the cops walked in without asking, but if the person who answered the door was sleepy and claims to not know what was happening, isn't it possible the police asked if they could come inside and a gesture was made by that person allowing it, such as shrugging or stepping aside?

I would think that if the cops were going to arrest they'd do it right then. But nothing may be stopping them from talking a judge into a warrant based on what they saw. I'd get rid of everything illegal in the place immediately.



Edited 2 time(s). Last edit at 12/05/2007 05:18PM by pgens.

We'll say this hypothetical person did allow them into the house by stepping out of the way. Unfortunately unaware of what lay only about 8 feet behind him. Also I would suspect this happened to a person some years ago and he has since left the area and he had been curious about the possible repercussions of the incident ever since

and i'd bet those cops were cool. very cool. young probably

I didn't mention for length purposes but this fictional night there was a planned "blackout" in the entire apartment building where there would be no electricity, including light. The entire ordeal took place over the glow of police flashlights probably making the situation all that more surreal

FCPD officers = They WILL be back.

Do you know from experience?

Do tell

livin to work Wrote:
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> I didn't mention for length purposes but this
> fictional night there was a planned "blackout" in
> the entire apartment building where there would be
> no electricity, including light. The entire ordeal
> took place over the glow of police flashlights
> probably making the situation all that more
> surreal

Your full of crap! (EJ Alert...E.J alert)

agreed. this is just E.J. Loser posting crap.


"the wisdom of the wise will perish, the intelligence of the intelligent will vanish."

"The gentlemen had never seen his roommates penis nor his girlfriends breast and vagina."

This reads like a poor man's Penthouse Forum.

To answer your questions: the fact that the entered the home without any resistance on your part allows them to pursue with charges for any drugs in plain sight. It is similar to being pulled over on the side of the road and an officer seeing a bag of weed in a cup holder - regardless of asking to search the vehicle. Either way no charges should be placed for the night they responded for 'an arguemenet'; however, that doesn't mean neither of them will attain a warrant and be back. Regardless, use your damn brain and get rid of the drugs and you'll have nothing to worry about. They cannot prove you had drugs in your case from a previous night without evidence, and evidence = confiscation.

thanks for your earnest reply and clarification, Bob

IAAL

Livin' to Work Wrote:
-------------------------------------------------------
> The gentlemen had never seen his
> roommates penis nor his girlfriends breast and
> vagina.

What happened to her other breast?

This is a funny post.

Hit the bong and watch some more monster madhouse!

There is some law about "plain view" if shidd is in plain view officers can cite/effect an arrest or some shidd like that. It happened to me once, so make sure you hide your STUFF well. Even if an officer is walking down the road and he sees drugs thru an open window/door or whateva. he can legally come in and take those and prosecute you for it. Its dumb i know, but thats their law. So make sure you don't leave your stash laying about your house.

Lee Wrote:
-------------------------------------------------------
> There is some law about "plain view" if shidd is
> in plain view officers can cite/effect an arrest
> or some shidd like that. It happened to me once,
> so make sure you hide your STUFF well. Even if an
> officer is walking down the road and he sees drugs
> thru an open window/door or whateva. he can
> legally come in and take those and prosecute you
> for it. Its dumb i know, but thats their law. So
> make sure you don't leave your stash laying about
> your house.

Right, but to be in plain view the officer has to end up in a place to view it in a legal manner. My guess is this person did enough to okay the officers' entry, but if for some reason the entry wasn't legal than plain view is hard to argue.

Do you wear boots when you shovel bull crap like this?

He could be charged and there is a case for probable cause. Theres also a defense against what they would outline as initial probable cause. I think police are realizing they are doing more harm than good these days locking up innocent marijuania smokers.



Edited 1 time(s). Last edit at 02/15/2016 03:57PM by Gerrymanderer2.

Gerrymanderer2 Wrote:
-------------------------------------------------------
> He could be charged and there is a case for
> probable cause. Theres also a defense against what
> they would outline as initial probable cause. I
> think police are realizing they are doing more
> harm than good these days locking up innocent
> marijuania smokers.


Great reply!


Signed, Zazar!

Times are changing. Back in my day FCPD woulf charge you over a single seed or leaf left somewhere

Gerrymanderer2 Wrote:
-------------------------------------------------------
> Times are changing. Back in my day FCPD woulf
> charge you over a single seed or leaf left
> somewhere


The cops should spend there money going after the real criminals!

Signed,Zazar!

Sorry OP, I can't help you. My expertise is bird law.

How to you clarify if the noise is a body hitting the floor?

Let me run with this a little.

What race was the girlfriend? Color hair and stats?

Shaved or neatly trimmed?

First, when I'm so drunk it affects my judgement my first move is to NOT open the door. So the story is unbelievable.

Second, the cops would simply make up whatever story they need to make the search legal. Believe it or not that actually happens.

Third, multiple mason jars full of marijuana doesn't happen in the real world.

You neglected to specify whether or not there were niggers involved.