Ex parte State

STUART, Justice.

This Court granted certiorari review to determine whether the Court of Civil Appeals erred in reversing the Madison Circuit Court’s summary judgment for the State. We reverse and remand.

Facts and Procedural History

According to the materials submitted to the trial court, while serving a subpoena on Christopher Okafor at the residence of Shanna Hereford, law-enforcement officers noticed a strong smell of marijuana and entered the residence. When an officer asked Okafor if there was marijuana in the residence, Okafor responded that there was. When the law-enforcement officers…