Your Home Is Not Your Safe Haven Anymore

Most people would agree that their home is their castle and their "castle" is their private sanctuary. As Americans we feel that is the place that we are safe from Government intrusion. In the past, I have heard Harris County Judges tell defendants if they are going to smoke marijuana, pot, or weed to do it at home where it is safe. Well all that changed this week with the United States Supreme Court Opinion that allows the police to kick down a person's home if they smell marijuana. This gives the Government great power over people in drug cases. For example, how does one go about proving something that did not exist. This allows the police to take liberties while asking questions later For example, the "we smelled marijuana" scenario could be used to enter homes where probable cause did not exist otherwise. I can see an officer testifying that while they did not find marijuana they could smell it so they entered and found X (Cocaine, Heroine, Meth).

We can only hope that the Texas courts do not follow this case law. Luckily, the state of Texas courts may grant greater rights to its citizens than the United States Supreme Court has in this instance.