Question.5819 - Assume police placed a woman under arrest for suspicion of drug activity while she was inside of a hotel room. They then searched the hotel room. The officers’ suspicions regarding the room stemmed from a tip they had received that unknown persons were smoking in a hotel as well as the smell of drugs emanating from the room. The Court acknowledged that the room was essentially a crime scene (drugs and drug paraphernalia were found there during a subsequent search). Should a reviewing Court find probable cause to arrest? Why or why not?
Answer Below:
In this scenario, the court shall not find probable cause to arrest. Simply smelling the scent of drugs is not sufficient to enter the hotel room and...
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