Right to Enter Without Warrant and Cognitive Decline in Marijuana Users
The issue for Supreme Court Justices is whether police action " here, a knock on the door" that triggers a reaction on the other side, such as noise that suggests destruction of evidence, should justify a warrant-less entry. The findings of a recent study show that early marijuana use is associated with poorer executive functioning, and that the younger a person starts, as well as the quantities used, may play a significant role in impairment.
Newly appointed Justice, Elena Kagan, worries that the court could make it too easy for police to avoid the time and effort of getting a warrant. Police would then be able to justify warrant-less entry based on smelling "pot" and "hearing a noise."Justice Scalia on the other hand sees warrant-less entry based on smell and noise as consistent with the Constitution. He views police "taking advantage of the stupidity of the criminals" as justification.
The better response to a knock on the door by police is to say, "Oh, heck, no, you can't come in, do
you have a warrant." Presumably this would trigger the necessity of getting a warrant before entering. Arguably this would give occupants time to flush or dispose of the marijuana.
The issue is before the Supreme Court based on a 2005 ruling in Kentucky. The State Court said the police cannot rely on urgent circumstances they themselves create to enter a home without a warrant.Neurology Today reports in December 2010, that marijuana users who started smoking before age 16 scored consistently lower on cognitive tests than those who started smoking later in life and in healthy individuals who had never used the drug. These findings add to a growing body of research indicating that heavy marijuana use be adolescents may have long-term consequences on cognitive development. Read more by clicking on Neurology Today.
