Can a officer enter a residence by the smell of marijuana Can an officer detain a guess in a apartment without a search from the smell of marijuana?

• Police can obtain a search warrant based on the smell, and they can prevent people from coming and going until the warrant is brought to the scene. This is not done often. In most jurisdictions, the smell is enough for an investigative detention of a person. Some jurisdictions permit the entry to the next room (based on the smell) if the police were already in the house.

• Yes. As far as I know, it is legal to execute a search of the property based on the plain "sight" clause. The smell of marijuana is probable cause to search the property. A search warrant is not needed, nor will any police officer attempt to procure a search warrant based on the smell of weed. It takes a lot more than the smell of weed to get a search warrant. The answer to your second question is: No. A police officer cannot detain anyone just for smelling like marijuana. Smelling like pot isn't illegal, only having it is.

First answer by ID1129783466. Last edit by Bmacisaac. Contributor trust: 3 [recommend contributor]. Question popularity: 10 [recommend question]