Can a police officer search your house if they smell marijuana?

First, you should never have given permission to the police to enter your house. However, even if the officer smells marijuana, the officer most likely cannot conduct a search of the residence. The officer needs probable cause to conduct a search and an odor in the residence does not create it.

Can police tell if you’re a “pothead”?

In many cases, the officer will mention marijuana just to see how you react. If you appear nervous, the officer’s suspicions will escalate. Police often think they can tell by looking at you whether you’re a “pothead,” so be extra careful if there’s anything about your appearance that might draw their attention.

What happens if police say they smell marijuana coming from your car?

If police say they smell marijuana coming from your vehicle, you’re in a tough situation. Courts have ruled that the odor of contraband gives officers probable cause to perform a search. For this reason, police are quick to claim that they smell something and sometimes they might even lie about it.

Can a dog detect marijuana coming out of my apartment?

A dog detecting marijuana coming from your residence may allow the police to obtain a search warrant to enter your apartment, but would not permit the police to enter your residence absent a search warrant.

Can a person give consent to the police to search their house?

While giving consent to enter the residence does not necessarily mean the police can search the home, the police can make use of the plain view doctrine. However, no person should ever give consent to a search of their house, vehicle or person. The plain view doctrine is another exception to the search warrant requirement.

Can a police officer enter your home without a warrant?

Warrantless entries into the home are presumptively unreasonable, even with probable cause. Probable Cause Element: The fourth amendment…prohibits the police from entering private property without a warrant, unless there are exigent circumstances and probable cause to arrest.