Burnt marijuana smell does not automatically permit warrantless home search.

Burnt marijuana has a pungent and funky smell that exposes marijuana smokers to police searches. Appellate courts repeatedly have given cops the green light to conduct warrantless searches upon smelling burnt marijuana. Defending against such searches calls for attacking the totality of circumstances, including how strong was the odor, from where it emanated, and the officer's personal knowledge of marijuana smell (how on earth can a law-abiding police officer know whether s/he's smelling marijuana or another substance?). It is particularly time to pounce on the search and the officer's credibility when the cop claims to have searched due to marijuana smell but is unable to show any recovery of any remnants of marijuana or marijuana paraphernalia. Moreover, when unburnt, marijuana can be very difficult to recognize by smell.

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