Say you were bringing some marijuana to a friend’s house. You were pulled over and the police officer asked you where you were coming from. You said from your residence. He then ended up finding some marijuana in your car. Is that enough for them to return to your home and search it?

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  • #34274 Reply

    [ARCHIVE QUESTION]

    Originally asked in NGB forums:

    #34311 Reply

    [ARCHIVE ANSWER]

    No! The expectation of privacy to a person's home is more than the expectation of privacy to their auto. This is why an officer detecting the odor of marijuana from your residence is required to obtain a search warrant before searching your home.

    On the other hand, an officer detecting the odor of marijuana coming from your auto can search without a warrant. Your home is considered more private than your auto.

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Reply To: Reply #34311 in Say you were bringing some marijuana to a friend’s house. You were pulled over and the police officer asked you where you were coming from. You said from your residence. He then ended up finding some marijuana in your car. Is that enough for them to return to your home and search it?
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