Marijuana Smell and Vehicle Searches: Understanding Your Rights and the Law

Investigative Article

The Truth About Police Searches and Marijuana Odor:

Most people know that if you get pulled over and the police smell marijuana, it’s likely they will want to search your vehicle. However, the question remains whether the smell of marijuana alone can justify a vehicle search. The answer is not as straightforward as you might think.

Proposition 207 and Marijuana Legalization

One factor to consider is the recent legalization of marijuana in several states, including Arizona. Prop 207 legalizes the possession and use of marijuana for adults over the age of 21. As a result, the mere odor of marijuana is not enough to establish probable cause for a search of a person or their vehicle.

However, the lack of probable cause based on marijuana odor does not entirely remove it as a factor to consider in establishing whether a crime may be taking place. Law enforcement must assess additional evidence or circumstances alongside the odor to determine whether a crime might be occurring.

Additional Evidence and Circumstances

Officers are encouraged to look for signs of impaired driving, unauthorized distribution, or possession amounts exceeding legal limits before concluding a crime is being committed. These factors, when combined with the odor of marijuana, can contribute to probable cause for a vehicle search.

Impaired Driving

Driving while under the influence of marijuana is still illegal, and officers are trained to look for signs of impairment. If an officer observes the driver exhibiting signs of impaired driving, such as slurred speech or delayed reaction time, they may have probable cause to search the vehicle to find the source of the impairment.

Unauthorized Distribution

If an officer suspects the marijuana odor is coming from someone distributing marijuana illegally, they may also have probable cause for a search. In addition, if they find evidence of drug sales, such as scales, baggies, or large sums of cash, they can use that as evidence of unauthorized distribution.

Possession Amounts Exceeding Limits

In Arizona, adults over the age of 21 can legally possess up to one ounce of marijuana. Possession amounts above this limit can be considered evidence of illegal activity, and officers may have probable cause to search the vehicle to uncover potential illegal activity.

The Importance of Probable Cause

The Fourth Amendment protects individuals from unreasonable searches and seizures by requiring law enforcement to obtain a warrant based on probable cause. Without the requirement for probable cause, law enforcement could search vehicles and individuals at their discretion, potentially violating civil rights. The requirement for additional evidence or indications beyond the smell of marijuana ensures that law enforcement follows proper procedure and respects the rights of citizens.

The Bottom Line

While the smell of marijuana alone is not enough to establish probable cause for a vehicle search, it is still a factor to consider in the presence of additional evidence or circumstances. Officers need to look for other indicators of illegal activity, such as impaired driving, unauthorized distribution, or possession amounts exceeding legal limits, before searching vehicles. Remember that the smell of marijuana alone does not justify a search.

Marijuana,Search-Arja Shah Law