Georgia homeowners’ 4th Amendment Rights were violated when police walked through their yard, smelled raw marijuana, and obtained a search warrant based on what they smelled.
Police officers in Georgia, who were in pursuit of a person who had fled the scene of an accident, walked across the lawn of a residence and smelled raw marijuana coming from the residence. The owners of the residence were in no way connected with the person that ran from the accident scene. The police obtained a search warrant based on what they smelled coming from the residence, and they found marijuana. The Georgia Court of Appeals recently ruled that the marijuana the police obtained in the residence pursuant to the search warrant was found in violation of the homeowners’ Fourth Amendment Rights. The Court found that since the initial intrusion onto the property looking for the suspect was without consent, a warrant, or probable cause and exigent circumstances, the officers were illegally present on the property in violation of the Fourth Amendment when they smelled the marijuana. Please contact Rumsey & Ramsey at (770) 394-9400 to discuss the facts of your case with a lawyer.