Legalities of Vehicle Searches when Law Enforcements Smells Marijuana

The laws regarding vehicle searches based on the smell of marijuana have been changing rapidly in recent years. As more states legalize marijuana, courts are limiting officers' ability to use the odor as justification for a search. This article will examine the legal issues around these searches, looking at court rulings, state laws, and defenses you can use if you find yourself in this situation.

Court Rulings on Marijuana Odor Searches

For many years, police have used the claim that they smell marijuana coming from a vehicle as probable cause to conduct a search without consent or a warrant . However, some recent court rulings have started to rein in this practice:

• In Commonwealth v. Barr, a 2020 Massachusetts case, the court ruled that the smell of marijuana alone no longer provides probable cause for a warrantless vehicle search, since marijuana has been legalized in the state .
• A 2022 Minnesota appeals court ruled that the smell of marijuana did not justify a vehicle search when there were no other signs of impairment or illegal activity present .
• The Virginia legislature passed a law in 2021 stating that marijuana odor cannot be grounds for a search, even though marijuana is still illegal in the state .

These cases show that courts are recognizing the problems with allowing unfettered searches based on claimed marijuana odor and are limiting officers' ability to use it as a justification.

State Laws on Marijuana Odor Searches

In addition to court rulings, some states have passed laws restricting searches based on marijuana smell:

• Maryland passed a law in 2022 prohibiting searches based solely on the odor of marijuana, which took effect in June 2023 .
• Connecticut legalized marijuana in 2021 and included a provision banning odor as grounds for a search .
• New York, New Jersey, and other states have also incorporated search restrictions into their marijuana legalization laws .

These laws aim to protect citizens' rights and prevent discriminatory policing as attitudes towards marijuana evolve.

Defenses If You're Searched Based on Marijuana Odor

If an officer does claim to smell marijuana and performs a search, there are several defenses you can use:

• Challenge whether the officer truly smelled marijuana or if they are using it as a false pretext. Police sometimes lie about smelling marijuana to justify a search .
• Argue there was no probable cause if there were no other signs of impairment or illegal activity present beyond the claimed odor.
• File a motion to suppress any evidence found in the search as the "fruit of the poisonous tree" from an improper search.
• Consult local laws - if marijuana is legal in your state or there are restrictions on odor-based searches, argue the search was unlawful.
• Claim violation of 4th Amendment protections against unreasonable searches if the odor alone was used to justify a warrantless search.

An experienced criminal defense lawyer can help argue these defenses and protect your rights if you find yourself illegally searched.

Conclusion

As marijuana laws evolve, relying solely on the smell of marijuana to conduct warrantless vehicle searches is coming under increasing scrutiny from courts and legislators. Citizens should understand their rights in this situation and the defenses available if searched unlawfully. With more challenges to these practices, the law will hopefully continue to adapt to provide greater protections against discriminatory policing.

References

WBAL-TV article Connecticut Criminal Lawyer article Flex Your Rights FAQ Virginia law 4.1-1302 Commonwealth v. Barr ruling Minnesota appeals court ruling NY cannabis legislation