State v. Duran

NEHRING, Justice:

T1 The issue presented in this case is whether the detectable odor of burning mariJuana creates an exigent cireumstance permitting a warrantless search of a residence. We hold that it does not.

BACKGROUND

2 This case presents a purely legal issue. Our recounting of the facts is therefore spare. On April 22, 2003, the brother and the mother of Lance Horvath called police officers to report that people were smoking marijuana inside Mr. Horvath's trailer, which was located on his mother's property. When officers arrived about forty minutes later, the brother reported that he had…