QUESTION
In Texas is the smell of pot enough to get a search warrant
Asked on Jan 24th, 2014 on Criminal Law - Texas
More details to this question:
Late one evening husband had gone to our camper with some friends. The police arrived and said they had a report of an unknown vehicle at the property. When he answered the door the police said they smelled pot, pulled him from the doorway.He refused to allow them to search. So for 2 hours while they obtained the warrant. He and his friends were handcuffed outside.Was this reason enough for a warrant and did they have the right to handcuff them?
1 ANSWER
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It depends. The fact that you guys were in a camper creates some interesting legal questions. The reason is this: if you're in your car, and a cop smells pot, that is enough for them to search the car. If the same cop smells pot outside your house, that's not enoough to search the house. So, the answer turns on the use to which the camper is put to. The fact that there was a report of a suspicious vehicle is also a fact that goes towards a finding of probable cause. A good lawyer can file something called a Motion to Suppress, and seek to keep out any evidence they found on the basis that they did not have enough probable cause to get that warrant.
Answered on Jan 24th, 2014 at 10:45 AM