Traffic Stop Probable Cause for Search and seizure from odor of Marijuana

Apr 04, 2021

There was no error in denying motion to suppress evidence discovered during search of defendant’s vehicle which was based on officers detecting the odor of marijuana. Regardless of whether the smell of marijuana is indistinguishable from that of hemp, the smell of marijuana emanating from a vehicle continues to provide probable cause for a warrantless search of the vehicle, even if marijuana was legalized for recreational use as such use while driving would still support the offense of driving while intoxicated. Therefore, regardless of whether marijuana becomes decriminalized for recreational use, the smell of burning marijuana will continue to provide probable cause for search of a vehicle and occupants.

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