Court: Marijuana smell can justify warrantless home search

 

December 12, 2018



TOPEKA, Kan. (AP) — A divided Kansas Supreme Court has ruled that police can rely exclusively on their sense of smell to provide probable cause for a preliminary search of a home for marijuana without a warrant.

The 4-3 ruling extends to residences already established practice in Kansas that allows police to search vehicles for marijuana based only on smells, The Topeka Capital-Journal reported .

The ruling issued Friday came in a case in which Lawrence police entered a man's apartment without a warrant because they said they detected a strong smell of raw marijuana.

The justices rejected argu...



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