Legal Question in Criminal Law in Virginia
Can police enter a home without a warrant and arrest upon observing a misdemeanor being committed therein? For example, if an officer on public property observes, through someone's front door, a subject smoking marijuana, can he enter to arrest? Please assume the officer is certain it is marijuana, and smoking marijuana is a misdemeanor here. Thank you!!!
2 Answers from Attorneys
A case based upon a warrantless arrest under the circumstances described would likely be dismisssed (in my opinion) assuming there was no one in the defendant's home spoitted by the officer who could reasonably be considered to be in danger of imminent bodily injury or death. (See U.S. Supreme Court decision of Brigham City, Utah v. Stuart.)
There are exceptions that police may utilize when they choose to enter a dwelling without a warrant. Hire an attorney to represent your interests to see if you could get the case dismissed. Website: www.sherylshanelaw.com. Tel. 703 503 4448.
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