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can police search apartment if they smell marijuana?

if you live in an apartment building and one of your neighbors smells pot and calls the police, is that probable cause to search your apartment. if i refuse to let them in can they break down the door and come in anyway?

Public Comments

1. Yes, smelling it is probable cause. If they use any of there senses and detect something they can come in. They hear someone in trouble, smell a fire, see something wrong, etc. You do the math...
2. Yes they can, if they smell it.
3. They can enter, but they can not search for drugs
4. Yes, they can and when they are up stairs busting you the guy two floors down will be beating his wife with his whiskey bottle and gets to keep his drivers license.
5. not without a warrent but they could lie and say they smelled a fre so just stay away from drugs
6. i don't know... i would think so if they got a call saying their was pot, they need to follow up on it. But then they can't search without a search warrant. So i dunno. Most likely they can and if you don't let them i'm sure you'd go to jail for some dumb reason anyways. So might as well let them.
7. Not sure... But I think they need a warrant.
8. yes but you can beat it in court by filing a motion to suppress evidence!!
9. They can ask, but you can say, no. Usually if you say no they have reason to believe that there is illegal activity occurring. Thus they make the appropriate steps to obtain a warrant. But they can come in if they can see the drugs through a window or when you open the door. But i do not believe that smelling it alone is subject to search
10. No No No. They cannot just bust in and search your apartment because they smell something funky. They need an official warrant for their search. You can always refuse to let them in or answer to their questions. However... what they can do is take you into the station until they get the warrant.
11. Yes they can. and no they can not search, but they can bring a dog with them!! The complaint from the neighbor is probable cause. In short your sc**wed!!!
12. You can enter, by force if necessary, and secure the persons inside. The legal term allowing you to enter without a warrant is "exigent circumstances". You can do a protective sweep to make sure all persons are secured, but then need to get a warrant to search for the drugs.
13. just cause they smell something that don't give them a right but if they see then your screw
14. I don't believe that the cops will break down your door if they suspect that you have pot in your apartment but they can make it very uncomfortable for you if you do not open the door. They can threaten you with arrest and if they have to come back they will threaten you with breaking down the door and handcuffing you and bringing you down to the station. It is best to let them in when they want to come in. If they have to obtain a warrant then you are in for a very rough time.
15. Yes, police can enter your home because they have "probable cause." I also do believe they could technically break down your door if you don't let them in...due to the exigent circumstances law. However, this isn't likely for just a simple marijuana bust. Hypothetically, if they did come in, they could search your entire apartment. Since they are looking for illegal drugs, they can look wherever drugs may be hidden. Inside drawers, cabinets, closets, etc.....anywhere. In addition, anything (that is considered contraband) in "plain view" even it isn't what they were originally looking for can be seized.
16. How can one not consider the odor of burning hippy hay as probable cause?