Ethics class question on 4th amedment rights...any input appreciated?

My professor has assign scenerios for group discussions, and my team has chosen this one (i will generalize it-the paper is more detailed)

You are over a friend's house. He leaves to run to the store. While gone, the police walk into the apartment. They discover a bag of Marijuana on the floor, by the door, along with a empty plastic bag. You are not arrested by receive a supeona to court. Your friend does not return before you leave. While reading your rights, you are told that the bag may have held cocaine residue. No search warrent is involved. However, the police said that there was a strong smell of Marijuana in the hallway and thus the reason for the apartment entry.

Is it a justifiable entry?

I dont think so myself...unless the tenent gave consent for the entry..but that sounds weak. Can I get help on others' opinions as to whether its legal or not and why?

Thank you for any help...this is my first ethics class and its deep!!

This question is actually more complicated than it looks. In my opinion, this is not a reasonable search for a couple of reasons. The prosecution, of course, will argue the "exigent circumstances" exception to the warrant requirement. An officer having probable cause is not enough to justify entry into a dwelling, so they will have to argue that they feared the destruction of evidence if they went to get a warrant. However, smelling marijuana in the hallway does not tell you where that smell was coming from. The police cannot go into every apartment to check. Also, there is a knock and announce requirement. Regardless of what they smell, the police have to knock on the door rather than just walk in. Here is the problem you are overlooking. . .Do you have standing to challenge the the search since it was not your apartment. I.e., do you have a reasonable expectation of privacy in your friend's apartment? Unfortunately, in this case, you probably don't have such standing because you were not an overnight guest.

ps: had to end this early because I have to be ready to present my point of view at 9am. Report It

Key is why did the police walked into the apartment?

You say the police walk in the door - did anyone open the door? You use 'discover a bag of marijuana on the floor.' If the bag was in plain sight and you let them in the door - I do think its justifiable entry.

Even if they just smelled the marijuana they can enter - especially if you answered the door and let them in.

The cocaine residue would give them probably cause to look for additional illegal drugs, and if found it would be likely the tenant of the apartment would be charged.

I would think if no one fessed up to owning the bag of pot, they could say they'd charge everyone - usually someone will say it was theirs - or they may choose to just charge the owner with possession.

Bottom line - if you're doing illegal drugs - no matter where it is- you run the risk of being arrested - and it is justifiable entry. IMHO.