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Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can u enter a home if u smell weed

Customer Question

Can u enter a home if u smell weed
Submitted: 4 years ago.
Category: Legal
Expert:  Ely replied 4 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.

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