Supreme Court tosses pot seized in warrantless search

The Nevada Supreme Court has agreed with a Humboldt County judge a man standing in the doorway of his home is not in public and can't be searched without a warrant.

The order confirms that police can't use the marijuana cigarette he had in his possession or the two small baggies of pot in his room as evidence against Armand Bennett Adams.

"This court has previously held that a defendant standing inside the open doorway of his hotel room was not in a public place and, therefore, could not be subjected to a routine warrantless arrest absent exigent circumstances," the order states.

Justices Cliff Young, Deborah Agosti and Myron Leavitt agreed that rule has been established by the U.S. Supreme Court.

Police argued he had the marijuana cigarette in his hand and, therefore, committed a crime in a public place when he answered the door. After that, police entered the room and found the two small baggies of pot.

The high court held none of the drug evidence can be used against Adams because they can't claim the pot was in plain view when they had no right to enter the room where they could see it.