Quote Originally Posted by FakeBoobsRule
JSN, the smell of marijuana alone isn't probable cause to enter a home without a warrant. See Johnson v US (1948) and Taylor v US (1932).
I know for a fact most states allow the search of cars on the smell alone. I'm not as sure about homes. Maybe homes probably require a warrant... but the warrant can be had gotten on smell. Something like that... I don't know... like I said, I'm heading toward patent law.

He needs to get a lawyer in his state, that much I know for sure. He should not rest his future in the hands of random people like me on a message board. A lawyer may be able to get it tossed, or at the very least could certainly likely plea down and perhaps get his record kept clean.
jsn9333 Reviewed by jsn9333 on . Got arrested, Misdemeanor Ok Sunday night I got arrested for having 5 grams of weed. I stayed the night in jail and got out the next morning but I have some questions. First the officers arrested me on bull because the weed was not found on my possession. It was found on the floor and because they said it was closest to me its considered mine and that was the reason they arrested me. Now Im trying to learn my laws for when I go to court because this is getting thrown out. Can they arrest me if weed is not found on my Rating: 5