is it legal for a cop to search your apartment if a neighbor complains about a marijuana smell?

Asked on July 14, 2012 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In order for a police officer to search one's apartment based upon a report of a neighbor of marijuana smell absent a search warrant can only happen legally if the police officer knocks on the door of the person allegedly having the marijuana, the door opens and the smell of this controlled substance is then clearly present.

The above is the only situation where the search absent a valid search warrant can happen legally.

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