Smell in building probable cause?

[Maryellen]

If the police enter an apartment building and smell marijuana do they have probable cause to search the apartment that is seems to be coming from?

[AFFA]

I wish to inform you that police can search premises on the ground that there can be marijuana. When smell is present then police can take steps to search premises.

AFF

[Friend In Court]

Yes, if they smell drugs coming from an apartment that constitutes probably cause.

[BOR]

Originally Posted by Maryellen If the police enter an apartment building and smell marijuana do they have probable cause to search the apartment that is seems to be coming from?

This was handed down last year. One "exception" to a warrantless home entry is the possible destruction of evidence.

Once the US SC has affixed thier hand to a case, it is then up to an individual state to propose STRICTER police conduct if they wish.

http://www.law.cornell.edu/supct/html/09-1272.ZO.html

This is similar to stopping a car and smelling MJ in it, just a smell, while most jurisdictions would permit a warrantless search of the whole car, my state Constitution (Ohio) does not permit a search of the trunk.

[Bryants]

Yes. If they smell marijuana then it's common sense that marijuana is in the building. Common sense = probable cause in this case. At least I would think so.

[Lexus]

The officer searching you must have a search warrant based on probable cause or the scenario must present a circumstance allowing for a warrantless search.

Black

Originally Posted by Friend In Court Yes, if they smell drugs coming from an apartment that constitutes probably cause.

[Friend In Court]

Originally Posted by Maryellen If the police enter an apartment building and smell marijuana do they have probable cause to search the apartment that is seems to be coming from?

Yes, they can.