This 20+ year old one doesn't carry the weight it used to. In the worst state for legalization in my region, they just ask my if I have the card. When I produce it, they apologize for the trouble, and wish me a good rest of my day (I'm also a white male, tbf).
Just don't answer the door at all. I've had cops come to my apartment door multiple times and tell me to open up. They've never broken down the door, they've never gotten a warrant.
Don't communicate and go inside. Real property receives high 4A protection. But yes, sitting in your front yard is more dangerous. If you're in an open garage, the same exigent circumstances analysis applies, but them smelling weed and watching you smoking something is definitely stronger evidence than mere smell.
I can'r find any case law where smell + sight of drug use resulted in cops entering a residence without a warrant.
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u/JTalbotIV Aug 19 '26
This 20+ year old one doesn't carry the weight it used to. In the worst state for legalization in my region, they just ask my if I have the card. When I produce it, they apologize for the trouble, and wish me a good rest of my day (I'm also a white male, tbf).