A Fuzzy Test: The (Ostensible) Smell of Pot

by
Abby Zimet

In a little-noted decision, the Supreme Court has made it much easier for police to break into a home without a warrant by upholding a Kentucky case where police smelled pot and broke down the door. They argued the (wrong) suspect could be destroying evidence; in fact, he was just smoking it.

 "Once there is probable cause to believe that there are drugs in a home - and in this case the probable cause was the smell of marijuana emanating from the home - ... the police no longer need to stop and think about whether they should get a warrant." - University of Chicago law professor Bernard Harcourt.

 

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