Cops show up with nothing more than suspicion (from a narc tip or something). Not enough for a warrant.

Dummy opens the door.

Cops see / smell something and say they are there for the plants.

Dummy says "ain't happening."

Cops do have enough for a warrant now based on sight / smell when dummy opened the door.

Cops enter residence to secure it while waiting on warrant from judge (normal procedure).

ETA: Cops own page 2 without a warrant.

This is what is wrong with this country.

I agree. He shouldnt have been growing.

IF they have probable cause they can seize the scene for a REASONABLE amount of time to get a warrant.
The homeowner has the right to sue for the various things cops get sued for if he thinks his rights have been violated.
Under your OP the judge would not grant them a warrant (suspicion only), thus setting the guy up for a pretty good lawsuit.

The Judge decides IF a search warrant will or won't be granted.

YES.........it could/can happen that way.  But.....see above.

Aloha, Mark

Why would they even go there without one?

Gives an innocent guy an opportunity to say "No, I'm not growing pot, come on in and see for yourself."

So, the warrant is just a formality?

No, securing the property by making sure no one is inside while you're waiting for the S/W is not the same as searching for evidence.

Terry VS Ohio.  How long was he detained is the key here.  The supreme court thought 20 minutes was reasonable.

They haven't seized any evidence yet.  They have just made sure that no one will destroy it until they get a S/W.  If they were to seize it without the S/W, it would surpressed and you couldn't use it against them in trial.

Really? Is that homeowner compensated? If not, then it's clearly unconstitutional. There is no legal "work around" for a search warrant.

You know what, I don't do anything illegal or improper. I still won't let an unknown cop in my house or car without a warrant. LEO friends, that's another story. They can come by anytime. But an unknown, no fucking way.

Or to "see what they could see" to further support their warrant application.

So, if they see a bunch of drugs and sawed off shotguns while they are "freezing" the location, they still have to wait until the S/W comes back, right?

And if the S/W is denied, do they get to use the things they saw while "freezing" the location to make a second attempt at a S/W?

For those who didnt see the show, the guy was not detained, the property was " seized " and he was told he could not go back in while they got the search warrant. The guy was not told at that point that he couldnt leave, only that he couldnt go back in the house.

Why not just tell him he can go back in.  Come back 24 hours later and tell him sorry you didn't get a warrant because you lost interest and aren't very good at your job.  Watch for halarious look indicating that he flushed all evidence down the toilet thinking he got one over on you.

That's a very good question.



An officer can use any observation (sight, hear, or smell) that is IN PLAIN SIGHT while conducting a "security sweep". He/she is also allowed to open or check anywhere a person might hide. Either way, a SW is needed to collect or confiscate evidence.



As far as "make a second attempt at a SW", I don't know any detective that has been turned down for a search warrant. Either the judge signs or he doesn't. A judge may tell you that additional information is needed (usually an arrest warrant), but in my experience, a detective would never go to a judge with a half ass affidavit. Just like any other profession, our pride and reputation is what gets you ahead. A detective wouldn't want to jeopardize his/her reputation with the court. Just my experience.



The reason detectives would respond to the location without having a warrant is because the officers are still conducting an investigation. The last marijuana grow I investigated ended up being negative. The landlord in an industrial parked called about new tenants. he said the electricity bill was 4-5 times what the old tenants was, there were people in and out at all hours of the day and night, and at times, he smelled burnt marijuana. The electrical drain was enough to support a 120-150 plant grow. Sounded good. After sitting on it for a day or two, we contacted the tenant. Ends up it was a porn production set with several different sets on sight. The electrical drain was from the lights used during filming and the people in and out were "actors". ...oh, and occasionally they smoke a little weed.



I ended up clearing the complaint with "checked OK".



John

For that specific instance.





Other instances have been longer.  It depends on the totality of the circumstances.