Arrest, Search, Seizure, Warrant search warrant issued on smell of ether but nothing was found

[craigola]

An officer received an anonymous tip that they smelled ether at a particular household. An officer drove by the house and confirmed the smell and a search warrant was issued approx. 24 hours later.
When the police searched the house and premises, the only thing found was a small amount of marijuana (unmeasurable).
This is the second search of this house. The first was done after a search was carried out on the garbage from the household and a empty pack of rolling papers was found.
During the first search, the only thing police found were empty baggies with the smell of marijuana and a very small amount of marijuana. The owner was arrested and pled guilty.
The second search was for the manufacturing of methamphetamines. No evidence was found supporting this warrant. The owner was arrested for possession of marijuana though.
Was the search warrant issuance justified by an annonymous tip and the word of an untrained officer? Or, was the owner simply being harrassed?

 

[Michael Wechsler]

I'm not sure anyone can say whether the warrant was invalid without more. Let's say there was a very strong odor coming from the household. Does the fact that prior searches may have been invalid make this search invalid? I don't think so although they could be a factor showing bias, that perhaps the odor wasn't strong or there and is just an excuse. I have never smoked marijuana but I don't need training to know what it smells like so what does the phrase "untrained officer" mean?

I don't doubt that there are elements of trying to find cause to search but I cannot say without all the facts one way or another whether the search was valid. Others may have more to say on this.

An officer received an anonymous tip that they smelled ether at a particular household. An officer drove by the house and confirmed the smell and a search warrant was issued approx. 24 hours later.
When the police searched the house and premises, the only thing found was a small amount of marijuana (unmeasurable).
This is the second search of this house. The first was done after a search was carried out on the garbage from the household and a empty pack of rolling papers was found.
During the first search, the only thing police found were empty baggies with the smell of marijuana and a very small amount of marijuana. The owner was arrested and pled guilty.
The second search was for the manufacturing of methamphetamines. No evidence was found supporting this warrant. The owner was arrested for possession of marijuana though.
Was the search warrant issuance justified by an annonymous tip and the word of an untrained officer? Or, was the owner simply being harrassed?