Legal Question in Criminal Law in Kansas

Forceful Removal From Residence

Subject was forcibly removed from hotel room on suspicion of possession of marijuana (smell). Are the police allowed to actually enter the room and pull the subject out?


Asked on 7/07/08, 7:14 pm

3 Answers from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Forceful Removal From Residence

If they had an arrest warrant, yes. If odor alone gave them PC, they cannot enter the hotel room without more -like an exigency. You may have an issue.

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Answered on 7/07/08, 7:24 pm
Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: Forceful Removal From Residence

Not without an arrest or search warrant or consent. Good luck.

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Answered on 7/07/08, 7:34 pm
Jay Ramey Jay K. Ramey, Attorney at Law

Re: Forceful Removal From Residence

I would concur with the other two answers for this question so far. I would add that there is a Kansas case exactly on point for this issue. The officer showed up to the door of a residence for a noise complaint and smelled marijuana and saw on a table what looked like a marijuana cigarette. The officer then entered the residence and arrested the resident and seized the marijuana. The court held that the officer had to get a search warrant under these circumstances and could not create the exigency himself. State v. Schur, 538 P.2d 689, see also State v. Huff (2004 case)

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Answered on 7/08/08, 12:03 am


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