The seven justices on the Kansas Supreme Court ruled today that marijuana odor constitutes probable cause for police to search a private residence without a warrant, the AP is reporting. The 4-3 ruling says that an officer’s detection of a marijuana smell is enough cause to conduct a warrantless search. The case wound up in state supreme court after a lower court failed to demonstrate the lawfulness of a police search of the home of Lawrence Hubbard. During a sweep, police found roughly an ounce of cannabis in a closed container in a closet of Hubbard’s home.
Supreme Court Says If Police Smell Weed, They Can Search a Home Without a Warrant
Kansas police arrested Lawrence Hubbard in November 2013 after entering his apartment and discovering about 25 grams of cannabis locked inside a safe. Police also say they found a small amount of weed in a half-smoked cigarillo. In court, Hubbard’s defense attorney argued to suppress the evidence of drugs, on the grounds that the initial warrantless search violated Hubbard’s constitutional rights.
Furthermore, Hubbard’s defense challenged the testimony of the arresting officers as expert witnesses. Defense attorney Jim Rumsey argued “no reasonable person” would be able to detect an