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The court of appeals reversed, holding that although the odor of marijuana to which the officers testified gave rise to probable cause for a search, it did not create exigent circumstances that would justify their warrantless search of the trailer.” Duran’s motion to suppress the evidence found in the warrantless search. Inside the trailer, the officers found controlled substances, several firearms, and three individuals, including the defendant, Bernadette Duran.Īt trial, the court denied Ms. “The police officers later testified that as they approached the trailer, they could smell the faint but unmistakable odor of “marijuana leakin’ out of the cracks of the trailer.” Concluding that time was of the essence because the occupants were “in the very process of smokin’ up the evidence,” the officers entered the trailer without first obtaining a warrant. Horvath was away at the time, he kept guns in his trailer and had threatened to use them against the police. When officers arrived about forty minutes later, the brother reported that he had personally observed people in the trailer smoking marijuana and warned that, although Mr.
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Horvath’s trailer, which was located on his mother’s property. “On April 22, 2003, the brother and the mother of Lance Horvath called police officers to report that people were smoking marijuana inside Mr. The court said smelling burning marijuana was no such emergency. In other words, sometimes that police can enter a home without a warrant, if it is an emergency, such as when the police reasonable believe that suspects of a crime are about to destroy evidence. Duran, the Utah Supreme Court ruled that police officers who smelled the odor of burning marijuana coming from a residence were not justified in searching the residence under and “evidence-destruction” part of the “exigent-circumstances” exception to warrant requirement.