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WEED NEWS
Kansas Supreme Court Rules Smell of Pot Enough to Justify Police Searching a Home
| Posted on December 16, 2018 at 9:55 AM |
By Adam Drury
How To Hide The Smell Of Weed Shutterstock
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.
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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.
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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 ounce of cannabis in a container, inside a safe, inside a closet 30 feet away from a closed apartment door.
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But in the majority opinion, Justice Dan Biles upheld Hubbard’s misdemeanor conviction on drug charges. Biles wrote that officers don’t have to be......................https://hightimes.com/news/kansas-supreme-court-rules-smell-pot-enough-justify-police-searching-home/
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