In this most unfortunate decision... the Court upheld the right of the police to make a warrantless entry into a private home, based on the smell of burning marijuana.  Thus, police were allowed to enter a private room without a warrant where the circumstances presented no emergency and indeed, presented no risk whatsoever of injury to any person. State v. Luis A. Rodriguez, 945 A.2d 676 (N.H. April 8, 2008).While investigating an unrelated matter, police officers smelled the odor of “burning marijuana” emanating from a particular hotel room. The officers knocked on the door and eventually gained entry by threatening to forcibly open the door. Inside, the officers observed drugs and drug-related material, at which point they secured the room and obtained a search warrant.

Under Part I, Article 19 of the State Constitution, warrantless entries into the home are per se unreasonable and illegal unless within the narrow confines of an exception to the warrant requirement. The Court held that this warrantless entry was justified by probable cause and exigent circumstances, because possession of marijuana was a jailable offense, not a minor offense; because the odor of burning marijuana, as opposed to burnt marijuana, represented the destruction of evidence; ...

and because the hotel room had indoor plumbing, further facilitating the ready destruction of evidence!

Yes, the Court actually relied on indoor plumbing. This may give comfort to the many families in NH who will retain their right to privacy because they still haven't installed indoor plumbing.

Justice Hicks dissented. He noted that the expectation of privacy of a hotel room occupant is equivalent to that of an occupant of a private home, and found it “unsettling” that the precedent would allow a warrantless entry into a private home based upon similar facts. Read Court's Decision in State v. Luis Rodriguez.