Fort Worth, TX asked in Civil Rights, Constitutional Law and Criminal Law for Texas

Q: Can the police use the smell of marauana line to remove and secure a room for search warrant after being told no

I was in a room in my name in Gainesville texas , police showed up said they received a welfare concern call on a female in my room, she came to the door and told them she was fine , the police officer asked to come in and look around and was told no several times. Then looks at his partner and said I smell marauana do you, his partner said yes do you. Then the officer said everyone out of the room were getting a search warrant. After the 3 of us exited the room he went inside looked around came out and after seeing home made water pipe on nightstand only visible from deep in the room nodded yes to his partner and we were detained against our will and constant asking if we were under arrest to which we were all told no but we could not leave for over 4 hours on a Sunday until they could find a judge at home to sign a warrant. We were arrested for possession over 4 under 200 but no weed was found

1 Lawyer Answer
Penny Wymyczak-White
Penny Wymyczak-White
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: The police could get a search warrant based on the facts you presented . Retain a lawyer .

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