Legal Question in Criminal Law in Virginia

If the cops claimed they"smelled marijuana" within the targeted home, that's likely enough probable cause for the state to argue that it was sufficient to justify their warrantless entry.

However, the defense very likely should also have grounds to argue that this was an entry unsupported by facts sufficient for its legal justification without a proper warrant.

It may be possible that police could enter without warrant in these circumstances. I would definitely look into motion to suppress. Do some research. I would require more facts surrounding the case. Attorney Sheryl Shane. Web: www.sherylshanelaw.com.