Can a officer mistakenly come to your home and then smell marijuana and obtain a search warrant?

I was walking down the street and stopped asked if any female’s where present at my home I replied yes then told they needed to check the wellbeing of the female, she exited the home and they being saying they smelled marijuana, obtained search warrant for home.

Asked on July 14, 2017 under Criminal Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Even if the cop was in the wrong place when going to your home , smelling marijuana constitutes probable cause for obtaining a search warrant. 
Probable cause is a reasonable belief that criminal activity is afoot. Therefore, a judge would issue a search warrant.


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