Odor of Burning Weed Justifies Warrantless Entry into the Home
In any criminal case that involves physical evidence, you can expect some scrutiny from criminal defense attorneys of how law enforcement seized the evidence. One of a defendant’s basic rights in any trial is their Fourth Amendment right to be free from an illegal search or seizure. When police enter a home without a warrant, their entry will almost always be challenged. This is exactly what happened when police went into a home after smelling burning marijuana. However, in the case of In the Interest of B.W.R., the Wisconsin Court of Appeals gave officers very wide latitude for a warrantless search.