QUESTION
Is money smelling like marijuana enough to constitute a search warrant on your home if it was in public?
Asked on Jan 30th, 2013 on Criminal Law - Georgia
More details to this question:
My son was arrested at school on a probable cause class D felony for legend drug, which with his next court appearance was thrown out. This was because my son had possessed cash in his wallet that smelled like "marijuana"! When I arrived to pick him up at the police station because he was 17 at the time, they asked why he had so much cash which was under a $1000. I told them his 18th birthday was the next day and he was going to buy a car after school. They asked why his money smelled like marijuana I stated I did not know. They asked could they search his room I said NO. They proceeded to ask could then search the yard, the barn, etc I stated no. Needless to say they got the warrant. There was marijuana found in the house.
7 ANSWERS
Michael J. Breczinski
Smelling marijuana on money seems like an insufficient reason to get a search warrant. Get a lawyer and fight this matter.
Answered on Feb 06th, 2013 at 3:24 AM
John J. Carney
That would probably be an illegal warrant based on the smell of pot on the money. You were smart to not consent to the search of your property. The evidence should be suppressed at a hearing.
Answered on Feb 01st, 2013 at 8:34 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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All the officer needs is "probable cause" to get a warrant. A judge has to issue the warrant. It appears that the judge thought there was sufficient evidence/probable cause for the issuance of a warrant. Based upon what you told me, I would also have found probable cause for the warrant.
Answered on Feb 01st, 2013 at 7:37 PM
2 Awards
Well, the problem for you is that the cops did the correct thing they got a warrant. Hire a good criminal defense lawyer ASAP.
Answered on Feb 01st, 2013 at 7:18 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, it seems to me there is a real issue regarding the search warrant. If the search warrant is thrown out the evidence found will be inadmissible. Be forwarded that your son has come to the attention of the authorities and will be watched closely so he has to become squeaky clean, whether or not this warrant and charge are handled in his favor.
Answered on Feb 01st, 2013 at 7:10 PM
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It seems the judge that signed the warrant felt that it was enough.
Answered on Feb 01st, 2013 at 7:06 PM
While it seems clear you did not consent to a search, it is also made clear by you the officers were able tos ecure a wrrant permitting them to search. Without reviewing the affidavit to support their probable cause, it is not possible to determine what, if any, information the officers relied upon beyond the scent on cash contained in your son's wallet.
Answered on Feb 01st, 2013 at 7:05 PM