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CA: Because of legislative findings, smell of burning marijuana from a house is not exigent circumstances; arrestees don't even go to jail

By John Wesley Hall, Jr.

The legislature has determined that possession of small quantities of marijuana is a "low social and health hazard" so the mere smell of marijuana found by police during response to a noise complaint is not exigent circumstances. People v. Hua, 2008 Cal. App. LEXIS 35 (1st Dist. January 11, 2008): Possession of less than 28.5 grams of marijuana is a misdemeanor punishable by a fine of no more than $ 100, which is less than the punishment imposed by Wisconsin in Welsh. Relying on the line clearly drawn between jailable and nonjailable offenses in McArthur and Thompson, we conclude that the crime observed by the Pacifica police officers cannot support a warrantless entry, based on exigent circumstances. This conclusion is confirmed by certain policy factors considered during the enactment of Senate Bill No...continue to full post

Full post as published by Fourth Amendment on January 15, 2008 (boomark / email).