Supreme Court eviscerates 4th Amendment over marijuana smell

Tango Two Charlie, smells like we got us some overtime hours in this apartment complex!
In a case decided yesterday, Kentucky v. King, the US Supreme Court has ruled that cops who smell marijuana coming from your home can break down your door and arrest you, just as long as they knock first and claim to have heard you destroying evidence.
They don’t need a warrant or probable cause, either.  Today in America, police can now randomly patrol neighborhoods and apartment complexes sniffing around for pot.  When they smell it, they can knock on your door and then break it down, claiming they heard noises from within.
The 4th Amendment to the US Constitution plainly states:

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.

Writing for the Supreme Court in a 1980 case called Payton v. New York, Justice Stevens reiterated:

In terms that apply equally to seizures of property and to seizures of persons, the Fourth Amendment has drawn a firm line at the entrance to the house. Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant.

The smell of a burning flower and the sound of “scurrying” are now the “exigent circumstances” needed to “reasonably” cross that “firm line” without a warrant.

(Los Angeles Times) Ruling in a Kentucky case Monday, the justices said that officers who smell marijuana and loudly knock on the door may break in if they hear sounds that suggest the residents are scurrying to hide the drugs.
Residents who “attempt to destroy evidence have only themselves to blame” when police burst in, said Justice Samuel A. Alito Jr. for an 8-1 majority.
In her dissent, Justice Ruth Bader Ginsburg said she feared the ruling gave police an easy way to ignore 4th Amendment protections against unreasonable searches and seizures. She said the amendment’s “core requirement” is that officers have probable cause and a search warrant before they break into a house.
“How ‘secure’ do our homes remain if police, armed with no warrant, can pound on doors at will and …forcibly enter?” Ginsburg asked.
The Supreme Court ruled in Kentucky vs. King that the officers’ conduct “was entirely lawful,” and they were justified in breaking in to prevent the destruction of the evidence.

Note to self and advice to others:  When you’re smoking pot in your home and the cops come a-knockin’, be very, very quiet.  I’m only half-kidding, for as Justice Alito writes:

When law enforcement officers who are not armed with a warrant knock on a door, they do no more than any private citizen might do. And whether the person who knocks on the door and requests the opportunity to speak is a police officer or a private citizen, the occupant has no obligation to open the door or to speak. Cf. Florida v. Royer460 U. S. 491, 497-498 (1983). (“[H]e may decline to listen to the questions at all and may go on his way”). 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.”

If you make noise when the cops knock, police can interpret that as you attempting to hide or destroy evidence (drugs), which creates the “exigent circumstance” needed to break down your door.  Which leads me to ask, what does hiding or destroying cannabis sound like?  I suppose the sounds of garbage disposals, trash compactors, and flushing toilets would be obvious answers.  In King’s case, “scurrying” was enough; I guess cops could argue that he was running to the window throw out a baggie.  Of course this all depends on taking the police at their word when they testify that they heard the “scurrying”.
In the King case, the cops weren’t even looking for King.  They were conducting a sting operation on a street-level crack dealer.  When he ran upstairs to his apartment on the right, the police followed, but they lost him.  As they reached the apartment on the right, they smelled marijuana from King’s apartment on the left.  The police knocked loudly on the apartment on the left.  They then heard “scurrying”, so they broke down the door and caught King with marijuana and cocaine.
The smell of marijuana burning does give police indication there is a crime taking place behind that door – the possession of at least a joint or a bowl of marijuana.  In Kentucky, such a first offense would be a crime worthy of a misdemeanor with a max of one year in jail and a $500 fine.  It would take more than eight ounces on a first offense for felony charges.  The police, not knowing King or having any probable cause to go after King, essential beat down his door on the “exigent circumstance” he may be destroying evidence of a misdemeanor.  Is it “reasonable” to violate a man’s 4th Amendment rights over a potential misdemeanor?
At NORML, we often get demands from legalization supporters to “sue the government” to end the improper and unconstitutional prohibition of cannabis.  It has been tried and tried again, including our own NORML v. DEA suit, and certainly there are many more suits to be tried.  But given this 8-1 decision and the current makeup of the Supreme Court that promises a solid 5-4 majority of Chief Justice Roberts and Justices Scalia, Alito, Thomas, and Kennedy against any meaningful reforms, it seems clear to me that the path to legalization does not lead through the judiciary.  This is a federal court system that has twisted precedent and the intent of the Constitution in the name of eradicating marijuana by recently deciding:

  • that intrastate personal non-commercial medical use of marijuana is controlled by interstate commerce (Raich v. Gonzales);
  • that police can sneak up onto your driveway on your private property and secretly place a GPS tracking device on your car to follow you to grow shops (USA v. Juan Pineda-Moreno);
  • that merely being in possession of a firearm while growing marijuana is a crime (USA v. Somkhit Thongsy);
  • that an 18-year-old student standing on a public sidewalk can be expelled by his high school for holding a sign with the word “bong” on it (Frederick v. Morse);
  • that religions using Schedule I ayahuasca or Schedule I peyote as a holy sacrament should have a First Amendment exception to drug law prosecution (Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal), but religions that use Schedule I cannabis made the mistake of choosing too popular an illegal holy sacrament (USA v. Quaintence);
  • and that police who’ve stopped your vehicle may run a drug-sniffing dog around your car even without any probable cause to believe the driver is involved with drugs in any way (Illinois v. Caballes).

So long as the law says marijuana is contraband and its possession and cultivation a crime, the federal courts will always find a way to rule to maintain marijuana prohibition.  The solution lies in Congress (depressing as that may be) and changing the law.
UPDATE: NORML Legal Intern Kellen Russoniello examines this SCOTUS decision and muses about some undiscussed aspects of the decision that need greater light cast upon them

Ray of Hope in Kentucky v. King
Although the 8-1 decision of the Supreme Court in Kentucky v. King strikes many as a full-on frontal assault to the Fourth Amendment, the decision is more nuanced than has been popularly portrayed and there is still a small chance that the decision is not as bad as many think. This is not to say that the decision does not create grave concerns, but there is a way to limit the holding of this case in future litigation.
The question answered in Kentucky v. King was whether the knocking and announcement of police presence at a home, when the police decided not to get a warrant, created the exigent circumstances needed to enter the home without a warrant. If it had, then the police entry would not have been justified because they had created the emergency. Although some, including Justice Ginsberg, have answered this in the positive, the majority determined that the police did not create an exigency by announcing their presence, however aggressively this was conducted. Although in a causal sense the vociferous announcement of the police created the supposed exigency by causing King, who assumedly was just sitting in his living room, to move, either destroy the evidence or just answer the door, the court ruled that in legal sense the police did not create the emergency. Knocking on a citizen’s door without a warrant and announcing police presence is a reasonable mode of operation, according to the majority. Because the police acted reasonably before the existence of the supposed exigency, their actions of kicking the door in after they heard what sounded like destroying evidence was also reasonable and justified by the destruction of evidence exception to the warrant requirement. (Of course, this raises other questions including: When does police conduct become the cause of exigent circumstances in the eyes of the law?)
Although this decision is subject to criticism, the real question in this case went unanswered. Both the Kentucky Supreme Court and the United States Supreme Court assumed when undertaking this analysis that exigent circumstances actually existed. This means that both courts took it as given that the movement heard inside the house after the police made their presence known was sufficient to justify a warrantless entry based on the suspicion that evidence was being destroyed.
The question thus remains: Does the shuffling heard inside the house constitute an exigent circumstance justifying warrantless entry into the home? This will be decided on remand to the Kentucky Supreme Court.
Defenders of the Fourth Amendment must be prepared to argue that the sound of movement inside a home is not enough to justify the existence of exigent circumstances. This is where the real issue regarding personal freedom in the home lies.
When the courts officially proclaim that scurrying or noise made inside a home constitutes exigent circumstances, then we will truly know that the judiciary has traded the gavel for the battering ram. For now, there remains a shred of hope.

223 thoughts

  1. 149. Who said America was the “land of the free?” What it better be is the “home of the brave.” Damn! I haven’t heard that phrase for a long time. You’re right – it’s HOGWASH!

  2. WE CANNOT LET THIS HAPPEN.
    TOO MANY THINGS GO ON BEHIND OUR BACKS.
    WE NEED TO TAKE ACTION AS CITIZENS NOW.
    goddamit were the ones who live here lets fucking rape these shitty laws.
    its like animal farm all over again.
    FUCK THE POLICE

  3. #53B I guess they never heard of the incident in Atlanta when the 90 year old shot at the cops with a now knock warrant. The warrant was issued due to a paid informant and some Vice cops who had to produce.
    She was shot and killed as she sat in your recliner. The officers where sentenced for some charges. Also, a lady in Pittsburgh killed an FBI agent in a raid. In Georgia, most folks have a gun, come cities have laws saying you have to have a gun. More cops are going to be killed.

  4. Not only do other plants smell similar, bongstar420, but many strains of cannabis don’t even smell like what one would think cannabis to smell like.
    So what smell is probable cause, then? The stereotypical “skunky” smell? In that case I can see a lot of raids happening if a skunk is in the neighborhood.

  5. Well American Genesist, people are either too stuck in their routines or let fear overtake them to actually attempt to do anything. Or maybe they just realize that “writing their congressman” is essentially useless. I think this whole escalation in the war on drugs is opening up a lot of eyes to people who don’t care about cannabis, but know of its safety and benefits. More and more people are starting to distrust our government, which can only be a good thing when it is turning into a fascist regime.

  6. Greetings in the name of the most high JAH! the way to handle this is, when the oinkers come a knocking… you have a pack of fire crackers at the ready, light them up and throw them at the door,when they start banging, you yell out: YOuR NOT TAKING ME A LIFE… you will never see so many oinkers run for there life and away from your door. then it turns into a stand off, you will have plenty of time to flush your stash then. and the local news media will show up for that. then you can let oinkers in to your clean house. you tell them that you did not want the oinkers to violate your rights, and you were just playing with the fire crackers when oinker showed up. i have seen this work very well… for sure! JAH BLESS… PEACE OUT….

  7. Wow Norml / Editor
    I was sure to pass this around my Social Networking sites. The only problem is sometimes I wonder what good does it really do (I know, I just party fouled). It just seems like this news is constantly coming out of the government and sometimes it seems so psychotic to me that people, even ones who are not involved with Rx MMj, aren’t more alarmed by our freedoms being stolen from us, on what feels like an everyday basis. I sometimes think it’s because it is such an everyday occurrence and intimidating thing to fight that most Americans are so used to hearing it and not doing anything, that it just now goes in one ear and out ther other and fail to understand the impact anymore. I have no idea how to change it if this is true and I am not one to want to blog about something and not do something about it but in this case I don’t know what else to do.. I cant just walk around slapping people in the face. 🙂 At this point I just hope someone else will agree and look more closely into that psychology of it just to ensure it’s not something that should be considered when we try to raise more awareness.
    You know I was pretty unfamiliar with how the ACLU is also for Marijuana Reform till today. I am sure others have done this but I have just not heard of it.. but they make a copy of the letter that their attorneys write to the head of the D.O.J. I read their letter and was pretty impressed. “It basically tells the judge to be fair like your position requires and stop being partial on your beliefs about Rx MMj, and quite trying to intimidate the states or you will have us up your ass till we find someone to replace ya”.. Well not in exact words..I may have changed a few around. :). I was glad to see this. You know what would be the coolest thing in the world and likely very effective and a strong resource for both parties, is if NORML sent a couple guys to work with the ACLU’s Medical Marijuana Division. They have a lot of resources and I would think that with a good press release, it would drum up so more money and some huge free national publicity, (I know I would donate to that group) and maybe tip the politicians who are on the edge into our direction knowing they have some powerful backup in their corner.
    Sorry I know the story is about the cops rights to knock down our doors, but C’mon…I knew they were playing dirty during Operation Head Hunter when they convicted everyone including Tommy Chong, of selling paraphernalia. They pretty much said it was paraphernalia (your guilty) now prove its for legal uses (your innocent). Same thing as here. You know the only way to counter this is to call up our good buddies and brothers in India for a favor.. We need all cheap weed smelling incense we can get, and give it away as bait, and start suing the hell out of every cop, city, county, state, and federal agency and person who enters. That would make them think twice!.. Like they say in Tae-Kwon-Doe..”When they push…PULL!” 🙂

  8. I know that this is not about the subjet on hand and i under stand if this get edit out. I was seeing our P.B.S last night about the freedom riders. may be we need to start saving up and do the same thing. The summer would be best.And it may work out to have one in each state. That would cut the coast down and make it possible for alot of us to take part in this march to end prohibition on cannabis. This is some thing that can be done.

  9. 155,156. DRodman
    Amen brother.
    157. Rasta
    Jah aka The Source have blessed Rastas and Genesists alike with his love and Sacrament. Of course Rastas and Genesists have the same legal defense. Rastas have led the way in religious use. Genesists will stand with Rastas in the halls of justice for their brethren.
    158. RxMMj.com
    “Well not in exact words..I may have changed a few around.”
    Your words [from the heart] are as good – if not better – as anyone’s words – and – are shared by We the People.

  10. I see NORML is censoring their posters, even if it complies with the site terms. Do you not want people to voice their opinions on this? Why even have a comments section then? Here’s my original post again:
    NORML, in the last 4 years, I’ve converted from being a brainwashed D.A.R.E. program kid (back in the 90s) to being a full supporter of cannabis law reform, of NORML, and of MMJ in general. I’ve created Cannabis TV and spend hundreds of hours promoting the cause.
    Unfortunately I find the “Editors notes” on this article and others like it, disgusting and very defeatist. If someone wants to support a Ron Paul, a person who stands up for the Constitution and personal and state rights, it’s their choice, and I see no reason why you have to get in the last word by talking shit by commenting on their posts. I know NORML was a supporter of Obama based on his claims to support MMJ and keep out of it, but we now know that those claims were total bullshit. Obama is a liar and a piece of garbage, a puppet of the Federal government. It doesn’t matter if someone wants Ron Paul, Tim Paulenty, or even an idiot like Palin. It’s their choice and I think you do a disservice by crushing the hopes of your own supporters.
    I can equally say that NORML is wasting their time, not having accomplished your ultimate goal of cannabis legalization, but that would be a lie, an insult, and just ignorant. I think you’ve done the same here. So just STFU and let people voice who they support, you can continue not making an impact here in Oregon, while I and others like me, do more to spread the word than your organization, which seems to be marginally or minimally effective, if at all, in getting dispensaries or a legalization effort going here in Oregon. Screw you NORML, don’t be assholes like the old ignorant people you’re working against.

  11. Look at what the people in Spain are doing.
    This is what we must do.
    Violence is most definitely NOT the answer. Any use of violence is guaranteed to bring a terrible backlash against us.
    However we have officially reached the point where talk has not only become useless, it’s actually dragging us backwards.
    The only remaining option is persistent and determined protests like oppressed people all over the world are now finding the courage to engage in.
    The time has come to stop making requests and start making demands. We must do so peacefully but with the iron will of a people that is fed up with persecution and absolutely unwilling to suffer these indignities any longer.
    Look to Egypt, Syria, Tunisia, Bahrain and Spain; follow their example.
    Let us stand up and join our oppressed brothers around the world in demanding freedom NOW.

  12. # 125 wrote: I hate to get political, but I hope people realize that the conservative supreme court justices were appointed by, you guessed it, conservative presidents.
    If you think Ron Paul is not a conservative, think again. For those who advocate for his election, remember that: 1. Legalization will begin at the state level 2. Ron Paul’s policies generally favor big business and wealthy people, and not the majority of citizens busted for possession 3. Ron Paul has served in Texas, a state with some of the most harsh marijuana penalties in the country, and he did nothing to change them.
    ————-
    With regards to the Supreme Court decision, it was 8-1. Judges appointed by GOP presidents voted 5-0 while those appointed by Democrats voted 3-1. Don’t act as if it was a one-sided decision.
    For your other points…
    1. You’re right, it begins at the state level. Things will go a lot more smoothly if cannabis is removed from schedule 1 of the Controlled Substances Act. Once that happens, any state can legalize it without fear of federal reprisals.
    2. This is your typical scare tactic argument. Just like ‘terrorism’ is a scary word that conservatives use, ‘big business’ is a key catchphrase for liberals into scaring people. Then again, if opposing welfare programs for those that are fully able to work is pro big business, then I guess Ron Paul is pro big business. Did you know that ~47% of households owe no income tax? No wonder so many people vote Obama. There shouldn’t be an income tax. However, there is one and you basically have one part of the population voting themselves the other part of the population’s pie.
    3. You’re right again, Texas does have some harsh weed penalties. Ron Paul, however, is a lawmaker at the federal level. Nothing he can do for Texas besides make recommendations. Can’t introduce legislation there. The best thing he can do in DC, short of full legalization, is removing cannabis from schedule I, something no other candidate, save Gary Johnson, would even consider doing.

  13. Welcome to the world of the NEW WORLD ORDER and the 21ST CENTURY OF INQUISITION OF MARIJUANA USERS. Any excuse to create UNICORNS to insure our self well being and safety in the eyes of the FEDS of use of FDA approved drugs for the masses. Pretty soon they will be ramming probes up our asses to see if you ingested any marijuana infused products. Well their goes KNOCK KNOCK JOKES. I thought my home was supposed to be my castle and now were all living like RATS IN CAGE. Where in the fuck am i supposed to feel safe and protected now that our castles are turning more into civilian prisons and now places of entrapment. When the STORMTROOPERS come stormin in, the criminal element will start dressing up as cops and how are going to identify who is the STORMTROOPER and who is the crook. We are all suspects under the law whether you are law abiding or not. If they can’t find anything on you, they will try to create a situation where they can get you arrested all in the name of justice and a feather in their hat and a black mark on the indivdual to get you in the system like a bullseye on your back. As time goes on THE SUPREME COURT has acquired the ORWELLIAN MENTALITY under FEDERAL PRESSURE and now we are victims of the CONSTITUTION instead of citizens being protected. ONLY IN AMERIKA!

  14. OK then, they’ve made it clear; they’ve laid their cards on the table. There is no more hope of compromise or negotiation. They’ve made it clear: smokers need a Homeland too.

  15. Well! – They [government in its entirety] just ain’t gonna do it us anymore- No! No!, No! Oh! they say they are going to do it to us – but – that’s just a whole bunch of hogwash from a bunch of hogs – and – their hog shit is falling on deaf ears. There’s “one thing’ that nobody [I mean no one] can “deal with” and that’s indifference [la, la, la]. You simply can’t talk to someone that can’t hear you – unless you can get a brick wall to listen. Let government play their silly ass little game – that’s all their good for anyway – game playing. Demand/mandate Scientific Conclusion – therein lies the truth that will fuck up their pissy little act.

  16. I love to see all the hate for this, if only the justices could see this. Sounds to me like america is becoming a police dictatorship, soon we’ll be all out of rights and the gov will put chains on our necks and deem that constitutional. I say fuck the gov the only way for this to change is violence but potheads are to peaceful for that unfortunately, if their was riots in major cities this would definitely open peoples eyes. STOP giving your damn rights away people “Get up, stand up” put on a motherfucking show to tell the gov your dont give a fuck, I say burn down the damn DEA headquarters.

  17. Editor…you’re comment on post 44 is a huge issue…I’m a part of the 0.0001% statistic….how do we protect people who want to have a voice on something so unfortunately frowned upon by ignorant people? It’s sad to say but mj is extremely controversial to the uniformed…jobs..lives..etc. can be jeopardized by supporting….does norml have an innovative approach to this?…I would love to not have to provide personal info to support reformation!

  18. I feel sick to my stomach literally this is disgusting and breaks my heart…. we aren’t safe anywhere anymore ohh how the mighty have fallen… America what the hell has happened to us? we have “leaders” who knowingly and willingly Take away everything that once made this country the shining gem of the entire world. breaks my Damn heart.. what the hell are they going to do next? cant protect yourself from rouge cops in your own home anymore and seriously? when the cops come they can now break down your door and arrest you for farting in your home basicly. God Bless America For shame….

  19. You need to secure yourselves and your possessions.Be smart.Gates, fences, walls, barbed wire , whatever it takes. Cameras. Make it harder for them to enter your property.

  20. 169. Matt
    Unfortunately – you’re right! History has shown us over and over again that the only way to bring absolute change is to “kick some ass” – [1776]. That’s the sad truth. But – the fact of the matter is – it’s truly not about cannabis. Cannabis is a “false front” so they can shit can state sovereignty, and then the Constitution – if there is anything left of it. Joseph McCarthy was absolutely right. So was President Eisenhower – when he warned of “Creeping Tentacles of Communism.” It’s not about cannabis it’s about our country, our Constitution, and our freedom.

  21. do not forget the silent victims here, the doors :). lots of BS. esp the part where the peyote can be used for religious purposes and not marijuana

  22. This recent ruling by the Extreme Court is disappointing, but not really unexpected, considering the majority of Reich-Wing Authoritarians that sit on this Bench, in spite of their oaths of office. From the appointment / anointment of GW Bush in December 2000 as ‘Dictator in Chief’ to the ‘Citizen’s United’ ruling, to now this latest ruling regarding the flimsy veneer of LEO ‘exigent circumstance’ justifying warrant-less home invasion, the tyranny of the USA Fascistic Police State becomes more apparent every day.
    I don’t see where living in any Medical MariJuana-legal State, or even in those States where small quantities of cannabis have become decriminalized to the extent of being fineable civil offenses provides any legal cover, or legal recourse, to prevent LEO warrant-less home invasions. The prospect of an increasing pattern of legalized extortion and civil / criminal forfeiture at the hands of corrupt LEOs employing Police State tactics is palatable.
    A polite LEO knock at the door, with a calm civil inquiry at your home’s threshold is antithetical to the training and instincts of our modern-day Gestapo, formerly sworn ‘to serve and protect’ the civilian populace. Many of these testosterone-dripping Reich-Wing Authoritarians have itchy trigger fingers and are packing full-auto assault rifles.
    The prospect of getting your front door broken down, and being detained in temporary ‘custody’, prone on the floor hands zip-tied behind you and a steel-toed jack-boot on your throat while your property is ransacked, and then ultimately issued a civil citation or released without charge seems like the very best-case outcome to these scenarios. I predict a large number of traumatic even tragic outcomes from the LEO raids that this Extreme Court decision will engender, and not merely the loss of one or more family pets either.
    Ninety plus years of one prohibition after another, blatantly failed public policies, well illustrate that there is no regulation or control of contraband substances, but increased power to the Police State and profits for their favored corporate cronies still accrue. What was once a matter of personal freedom and liberty, at worse a medical issue between patient and doctor, has been turned into a criminal offense to be used as a baton to club the populace into abject submission, poverty, and slavery.
    Regarding Medical MariJuana — what was once upon a time a per incident 99 plant threshold which the DEA held for filing Federal criminal charges has apparently been lowered under the Obama regime to a cumulative 99 plant count, effectively subjecting even Medical MariJuana patients themselves to the prospect of a Federal prison sentence in perhaps a couple of years, presuming a patients only having a modicum of cannabis-growing efficiency. The Obama regime hasn’t merely maintained the prohibition status quo — they have lowered the threshold in order to selectively increase Medical MariJuana persecutions, particularly of high-profile activists, no doubt to set examples in a direct response to counter the increasing anti-prohibition public sentiment. Obama’s DEA Police State is doing its best to keep those prisons full, and their coffers filled with the proceeds from asset forfeiture. The Reich-Wing Authoritarians that largely comprised the prohibitionists of the temperance leagues of 100+ years ago have devolved into today’s full-blown tyrannical Fascists.
    The only viable solution that I can see is full Federal re-legalization of all currently illicit drugs, not just marijuana and especially not just Medical MariJuana — effectively ending the War on Drugs / War on People. One step forward in liberalization seems always to be followed by two steps backward into further repression — that is in the nature of unrestrained tyranny. I’m just not certain that We the People can get back to that historic point of restored freedoms from where we are now, short of a revolution at the ballot box. The current paradigm vis-a-vis our two mainstream political parties offers no such hope — both parties are chock-full of Reich-Wing Authoritarians or worse, outright Fascists.

  23. This post is directed at the editor’s posts!…let me set you strait on some things..because you need this! If we as a people continue to allow police to hold so much power..many will suffer! If one bad person is not alive to continue their evil…I imagine hundreds will live. What does that mean? It means revolution is never peaceful! You act as if, if we ask real nice…perhaps they will legalize. I say screw “them”. You say “vote”..get involved…man…you are not very smart!..if voting could change anything it would be illegal!……listen people! Get your guns..I think cops need to be made examples of…I think we should kill those who wish to control another human!…I think your lame posts are what is wrong with this country! Scared little talking monkey!..your fear is obvious! Yes…kill cops…yes..assassinate so called leaders…yes get rid of bleeding hearts like yourself. Telling people a crock of crap! To hell with peace….rise….fight…and let these pigs know we are not going to allow this! Read the constitution ya idiot! It was set up the way it was to avoid this kinda government. I’m so disgusted with your posts I could just puke! I’m a cancer survivor in georgia…and guess what…over the weekend I was arrested for smoking my medicine in my home! And I am very angry…so much so…I’m leaving my job and putting all my money and all I own to eradicate these scum like any kinda termite or roach! Vote…get involved? You sound like an idiot man! Its not 1969 anymore! Get with it…or get left behind with the pigs and the controllers. I don’t like the things you wrote and I don’t like the mindset you are pushing on people. Never forget…they got the guns bit we got the numbers…! Get it? Well…? Stupid hippie!

  24. Again I posted something, I think whoever reads this has a closed mind and this is unfair. You want our opinions, only if you like them~!!!!

  25. Well, good thing I carry some extremely potent mace with a 30 ft radius on me at all times when Im in my home. Anyone forces their way through that door without an invite, They’re gonna be sorry. All of them. 🙂 Can people even shoot straight with mace in their eyes?

  26. If we were talking about anything else but cannabis – would they have made the same ruling? If they smelled a pie baking – would they storm the kitchen.
    It’s just but one more ingredient in their oppressive pie. They want their pie to be the only pie in the bakery. God love their pointed little heads.

  27. Here in Denver, Co. These cops will bust your door down shoot your dog, and possibly you as well, all in the name of a good time. This decision just makes it even easier for them.

  28. I know I sure as hell don’t feel safe in my own home and going to sleep at night. Someone has the right to break in your home what if they mistaken you not every police officer is right come on look at our criminal justice system there are innocent people serving time or on death row.

  29. Sounds of “scurrying” really? People are being thought of as rodents and or insects when inside their own homes?

  30. god bless Iran, north Korea, china, Sudan and the us of a!! we are all just like sister countries!! man, I’m so glad to finally live in a country where my rights are ignored! that’s all I have ever dreamed of!

  31. I thought we were the leader of the “Free” World! We need freedom, liberty and justice not illegal searches!

  32. Sooo why dont we just openly call for the abolishment of our government? Declaration of independence. Also im pretty sure its in our constitution that the gov cannot eradicate any form of life. So why dont we all just start planting random M/J plants in forrests and do our part to reestablish a free reproducing population of plants on our soil?

  33. 189. santi
    “Americans” – believe in, and would fight and die for, our country, and our Constitution. We’re proud to be Americans. The problem is – there’s some bad apples in the bunch. We just need to give those apples back to the witch – or – make apple sauce out of all of them.

  34. Unfathomable. Our founding fathers would be turning in their graves. How dare the government and police proclaim to protect the innocent.
    Adding insult to injury for total, blatant, and apathetic disregard to the Fourth Amendment, they have connected it to marijuana. They have ruled against the Fourth Amendment… for marijuana, a plant that happens to have an intoxicating effect.
    I actually started to like Alito after he was the sole dissenter of Snyder vs. Phelps (although, curiously, he was against the teenager in Fredericks v. Morse). It’s starting to look like one big theatrical performance. I want to trust Justice Ginsburg, but it is hard to (she was in favor of those sub-human maggots from Westboro Church after all). Now Alito and all the other Justices are virtual shams in my book. The Supreme Court itself is unconstitutional. I mean, think about it. 5 out of 9 unelected officials, appointed for life, impose their social mores on the country.
    Wake up, America. If we don’t stop this, America will truly turn to a fascist state, for it is well on its way.

  35. To the Editor:
    I believe you are making many mistakes in your posts. You do not sound like someone who is about our Rights, our Freedoms, or even about Voting! You have a disregard for peoples “hopes” of Ron Paul winning the 2012 election. Instead of saying “Vote and make it happen!”, you demoralize them, and make them feel as if it could never happen.
    It can never happen because of people like you. If everyone in the Country thinks he can’t become President, then of course he can’t. Regardless if you feel he will “NEVER” become President, that is not an opinion you should put onto everyone. You are instigating IGNORANCE and the flight from the American Dream. How is voting for Ron Paul any different then Voting for Marijuana Laws? You have a strict stance on “YOU MUST VOTE”, but only regarding Marijuana? That’s very hypocritical of you. You said so yourself, in prior posts, that if no one votes, then nothing happens. Same goes for Ron Paul, so why bad mouth his campaign with negativity?
    Lastly, if Ignorance is allowed to rule, then lets all just keep going to the polls and “hoping” for some change, like you are insisting. I agree with many people above when I say, the CONSTITUTION was designed so these situations could NOT happen, not by Vote, but by REVOLUTION. Voting is a failed cause. Want me to quote Thomas Jefferson, or John Adams, or Benjamin Franklin on that issue? If you want to hide in your bunker shouting “Vote and lets have a peaceful resolution”, then you may do so the entire time the Government continues to step over your rights, your liberties, your freedoms! We, as the American People, SHOULD NOT allow this to happen. The defamation of the Constitution is against our Freedoms, against our Liberties.
    Am I saying everyone go out and grab a gun and go crazy? Absolutely not. But what I am saying is, we must prepare for Revolution. Period.
    We have an Administration that has a Information Czar who wants the 1st amendment destroyed, as well as the 2nd. We have Superior Courts over turning both the 2nd and 4th amendments. We have a Police State with a “detain first, ask question last” mentality. We have a Country polluted by fascist war mongering, Federal Banks, and instilling Elite Morality onto everyone else.
    If you believe “VOTING” can change all of that, go right ahead and do that. But it is ignorant. It is what is ripping this country apart. We have people fighting for Freedom, but only HALF-ASSED (like yourself), then people who want complete freedom, people who hate freedom, people who are complacent, and people who are lazy.
    You spouted out .001% early about something regarding Revolution and Marijuana Smokers, which is really a number not generated in any “serious” study. This number, however, is a “factual” number, during the AMERICAN REVOLUTION only 3% of AMERICA stood up against the King, and started the Revolution. Do you think the ENTIRE country wanted a change? Wanted a new government, a new “King”? NO. No one wanted that and everyone was “afraid” of that. People acted just like how you are acting, like Alexander Hamilton, you want a LITTLE but not the WHOLE. Its sick.
    The same situation applies to now. If you are going to fight for Liberty, then Fight for Liberty.
    [Editor’s note: Thanks for all the useless verbiage. None of which changes the fact ol’ Ron Paul is not going to win the GOP nomination (currently even a milk toast/dye his hair jet black GOPer like Romney is polling 2-3 times Paul’s numbers)…he will not be elected president on the LP ticket…why be politically delusional in advocating for him as president when he is too old and too unelectable?
    Why should citizens who favor cannabis law reform waste time and money trying to get the unelectable elected?! Does this make sense?
    Regrettably, even another longtime NORML supporter Gary Johnson is polling so low he is not invited to CNN’s recent debate.
    While it would bode well for cannabis law reform, the fact is clear: The American public is not Libertarian and does not historically support libertarian candidates. NORML should not be faulted for pointing out the obvious.]

  36. Again the editor defends his position about throwing away your vote.
    This is getting a bit absurd.
    You should all support and vote for the man or woman that you want to lead this country “period”.
    don’t allow anyone to influence you otherwise!!!!!
    [Editor’s note: Indeed, people can vote for whomever they want…just don’t hype on NORML’s webpage non-viable presidential candidates…i.e., from Ron Paul to Dennis Kucinich…otherwise, you might as well as be advocating for others to get excited about electing to the office of US president the Tooth Fairy, Easter Bunny, Tinkerbell, Santa Claus, etc…]

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