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.