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IF I'M SMOKING WEED IN MY DRIVEWAY, CAN THE POLICE COME INTO MY HOME AND SEARCH IT?

Answer: No, they cannot. And if they do, and find contraband (like a gun), the court will throw it out. Chris Marcus and his friends were having a party inside and outside of his open garage/rec room. The police responded to a noise disturbance and saw Marcus smoking a joint in his driveway. When he saw the cops, Marcus walked back inside his garage/rec room. The police ran into his garage, tackled him and removed a gun from his waistband. He was convicted of being a felon in possession of a firearm.

The Florida Supreme Court overturned his conviction, in Florida v. Marcus, finding that the exigent circumstances of hot pursuit do not justify a warrantless entry into someone's home in order to search them or the home. In other words, if you're engaged in a minor crime (like smoking weed), and walk into your home, the police can arrest you - it just doesn't give them the right to conduct a search of you or your home. And yes, your open garage is considered part of your home, protected by the Fourth Amendment of the Constitution from unlawful searches and seizures.

At The Law Office of Richard Landes in Jacksonville and Jasksonville Beach, Florida, an experienced criminal defense lawyer represents people throughout The Beaches area and northeast Florida, including Duval County, St. Johns County, Clay County, Baker County, Nassau County and cities such as Jacksonville Beach, St. Augustine, Orange Park, Fernandina Beach, Ponte Vedra Beach, Neptune Beach and Atlantic Beach, FL.

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