Can I get a misdemeanor marijuana possession/interference charge dropped if the proper protocol was not followed by the police?
Question Details: There were 2 police officers who approached my motel room door and asked if I was Adam or if I knew where he was and if they could speak to him. I replied, "He's not here, and no". They proceeded to ask if they could look around; I did not give them consent. I then attempted to close the door on them but they forcibly tried to stop me. Allegedly, the room smelled like marijuana and I ran out the back door of the motel, leading to me to be ultimately detained. They then got a search warrant issued before returning to the jail to cite me for a misdemeanor possession charge. Would this potentially be grounds for dismissal?
This would most likely not be grounds for dismissal: they smelled marijuana, which means they smelled evidence of an in-progress crime and the existence of contraband. That would itself have justified a warrantless search under one of the exceptions (e.g. the one for an "exigent search") to the Fourth Amendment's requirement for a warrant. Add to that you running for the police--suspicious and potentially evidence of criminal activity--and they were entitled to first try and enter your room and second arrest you; this would also provide the legal basis for the search warrant.