Is the smell of marijuana coming from a residence enough probable cause for police to enter without a search warrant? Also, is it even enough to enter WITH a search warrant, as marijuana seems not to be a felony as much as a misdemeanor?
1 Answer from Attorneys
The smell of marijuana coming from a residence can be enough for probable cause for the police to enter a residence to search for the marijuana with or without a warrant. The determination is made by the judge based on the facts surrounding the situation, which were not posted.