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
  • 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 .

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.