Photo: britannica.com/Salem News |
Can Police Can Kick Down Your Door If They Smell Pot? Some Justices Think So
Police smelling marijuana coming from behind an apartment door can enter the home without a warrant if they believe the evidence is being destroyed, some U.S. Supreme Court Justices said on Wednesday.
More than 60 years ago, the U.S. Supreme Court ruled that police couldn’t enter a residence without a warrant just because they smelled burning opium, reports Adam Liptak at The New York Times.
On Wednesday, during the argument of a case about what police were entitled to do upon smelling marijuana outside the door of a Kentucky apartment, two justices were concerned that the Court may be ready to eviscerate the 1948 ruling which stemmed from a Seattle case.