Legal Question in Constitutional Law in Michigan

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?

Asked on 1/11/10, 11:23 pm

1 Answer from Attorneys

Melissa Pearce Law Office of Melissa M. Pearce, PLC

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.

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Answered on 1/18/10, 1:59 pm

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