Legal Question in Civil Litigation in Massachusetts
A police officer knocked on my door and said "do you mind if I come in", I responded saying yes meaning I do mind, and he entered anyways. He then said that the room smelled like weed, and threatened to search my room. He told me to get my weed and I did, and then received a citation. I just want to know if what he did was in anyway illegal.
2 Answers from Attorneys
If it happened like you said (and he had no warrant or exigent circumstances) then no, it was not a legal search. Your problem is that possession of less than an ounce of class d ("weed") is now a civil penalty of a fine. Illegal search or not you are going to have to pay the fine. If he founf a body under your bed they'd have problems.
T^he cop is going to claim that you gave permission. The issue for you on a motion to suppress, eventually, is credibility. I agree that since this is a civil action, it will not get that far.
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