Strong Marijuana Smell Does Not Justify Warrantless Search of Hotel Room

On December 10, 2010, security personal at a Los Angeles hotel called police about a reported burglary of a laptop computer and a Blackberry cell phone. Hotel personal believed the suspects were two women staying at the hotel.

Police went to the women’s hotel room. At the door, police noticed a “strong smell” of marijuana. Police then knocked on the door and one of the women answered. Police then asked the occupants of the room to exit the room, which they did.

Police then entered the room without a warrant and searched it. Police found the missing items. The Blackberry was in plain view. The laptop, however, was under a mattress and not in plain view. The two women were then arrested and later charged with burglary (Penal Code

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