“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” – 4th Amendment to The U.S. Constitution

For those of you impressed by that quote from The Constitution above, don’t be; it means nothing, according The U.S. Supreme Court. In Kentucky vs. King, the highest court in the land ruled that if a cop smells marijuana coming from your home and apartment and they knock on the door, any noise they hear you make allows them to bust through your door.

Don’t bother checking your calender, it’s not April 1st. This is actually happening in America. In a mind-boggling 8 to 1 decision, the Court said “When the police knock on a door but the occupants choose not to respond or to speak, ‘the investigation will have reached a conspicuously low point,’ and the occupants ‘will have the kind of warning that even the most elaborate security system cannot provide.’”

In other words, if police identify themselves then any noise you make means you are trying to destroy your weed and that is destroying evidence so the cops can kick in your door to prevent you from doing so. All without the inconvenience of getting a search warrant.

Some people like to scoff when others say we are nearing a police state in this country, but can you honestly say we are that far off? If the Constitution can be ignored by the very court sworn to uphold it, do we really have any protections left?

Without the full legalization of cannabis, I fear a dark time is coming for recreational and even medical users; after all, I doubt cops will be asking for your medical marijuana card while they are kicking in your door and slamming your face into the carpet while they cuff you, or God forbid, shooting you or one of your family pets.

So if you see some cops trolling around your apartment complex or neighborhood, don’t be alarmed. They are just trying to detect the slight odor of weed so they can bust in someone’s door. Sounds like it’s time to buy stock in incense and air refresher companies.

- Joe Klare

About The Author

Joe Klare has been writing about marijuana issues for the past 5 years online, in print and on air.

  • Dabs McGillicuddy

    Wonder how this will butt heads with the Mass Supreme Court ruling that smell isn’t enough to search your car.