How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99430
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Legal Question Here...
Ely is online now
A new question is answered every 9 seconds

Can u enter a home if u smell weed

Customer Question

Can u enter a home if u smell weed
Submitted: 3 years ago.
Category: Legal
Expert:  Ely replied 3 years ago.
Hello friend. My name is Ely, and welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

The answer is yes, I am afraid. The police generally cannot enter a home without a warrant, however, there are exceptions. The police may enter a home if:

1) If there is consent from one the parties to allow them to come in;
2) If there is illegal activity in "plain view;"
3) If the individual being arrested is in the home, the home may be searched as part of a "protective sweep;"
4) If the police are in "hot pursuit" of a suspect and they run into the home; and/or
5) If the police believe someone is about to be hurt if they do not inter.

Here, the SECOND (plain view) doctrine applies. Even if it is not view, but smell, the same still applies. If the police have reasonable suspicion to believe that there are narcotics though their senses, they can enter without a warrant, I am afraid.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)

Related Legal Questions