Legal Question in Criminal Law in Pennsylvania
An RA believes he/she smells marijuana smoke coming from a college dorm room. He/she calls the police according to RA policy. Police come and knock. Must one answer the door? What if the police verbally declare that although they do not have a warrant, the smell entitles them to a search? Do you still have the right to not answer?
Marijuana is criminalized in PA.
2 Answers from Attorneys
The police could only search if they have consent, a valid warrant, or if there are "exigent circumstances" which leads them to believe there is physical danger or some other type of emergency which would warrant a search.
You do not have to answer, but if they smell it, they could get the RA to probably let them in, or in the very least, get a warrant and rip apart your room.
If you were charged, you should get an experienced lawyer immediately.
Give me a call if you would like a free consult.
Ellis Klein
Young Klein and Associates
215-639-5297
Most likely, by living in a dorm owned by the college, you consent to any and all searches of your room. There is a possibility that the fourth amendment will protect your personal drawers or chests, but the general living area is most likely searchable without a warrant. This is most likely true even if the RA does not smell marijuana. You would likely be required to allow the search under school policy.
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