I was correct, the guy was a drug dealer. It took awhile to find the facts in this case ( something this article was lacking), but I looked it up.
http://caselaw.findlaw.com/ky-supreme-court/1519905.html
I agree that the cops likely blew the case by kicking the wrong door, but my points were that there was much more to this case than just smoking a joint.
Thanks for the clarification of the facts on the ground. It’s still a leap to assume that, given his physical proximity of the known, warranted dealer, he must naturally be another dealer. But the facts do back you up! It will be interesting to see if the SCOTUS upholds the state Supreme Court.
As a general proposition, I am against Police being able to crash any door they “claim” emanates an odor of marijuana. You can’t cross-examine a subjective call like that, so Police need to err on the side of liberty. That is in opposition to their natural proclivity, which is to treat “civilians” as a lower class than themselves.