Wednesday, October 24, 2007

Utah: Pot Odor Not Sufficient For Warrantless Search, Supreme Court Rules

Salt Lake City, UT: The odor of burning marijuana emanating outside of a home does not grant law enforcement the authority to enter that residence without a warrant to search for contraband, the Utah Supreme Court recently ruled in a 4-1 decision.

The ruling affirms a 2005 Utah Court of Appeals decision determining that police improperly entered a private residence after reportedly smelling "marijuana leaking out of the cracks of the trailer."

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