Oder of cannabis (marijuana) is insufficient to justify warrantless search pf vehicle and defendant

Oct 21, 2020

While on patrol officer observed a vehicle parked with its lights out in front of a closed business. Officer approached the vehicle and when the defendant opened the driver’s door the officer stated he could detect a strong odor of cannabis coming from the vehicle. The officer had no other reasonable suspicion of criminal activity and did could not provide valid basis to detain defendant or perform warrantless search of vehicle or defendant because an odor of cannabis is indistinguishable from odor of now-legal hemp. The court granted the defendant’s motion to suppress.

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