Nashville, TN: Judges on the Tennessee Supreme Court have determined that an alert from a drug-sniffing dog justifies a broader search of a defendant’s automobile, despite acknowledging that dogs cannot distinguish between legal hemp products and marijuana.
In its ruling, the Court affirmed that an alert from a drug dog – absent other evidence of suspicious activity – is not probable cause for a search. Rather, judges determined that probable cause is “based on a totality of the circumstances, and a positive indication from a drug-sniffing dog is part of the total circumstances.”
A summary of the case posted on the Tennessee Courts website stated, “Even though Tennessee’s decision to legalize hemp made the dog alert less certain, probable cause does not demand absolute certainty and an alert from a drug-sniffing dog still shows a likelihood that illegal drugs are present.”
Tennessee legalized the possession and use of hemp products in 2019. Marijuana remains illegal in the state.
Judges in the case concluded: “We hold that a positive indication from a drug-sniffing canine may continue to contribute to a finding of probable cause when examining the totality of the circumstances, notwithstanding the legalization of hemp. … Sufficient facts existed for [law enforcement] to conclude that contraband or evidence of a crime was present inside the vehicle. … Accordingly, we affirm the judgment of the Court of Criminal Appeals reinstating the indictments against the defendant and remanding for further proceedings.”
A trial court had previously granted the defendant’s motion to suppress evidence obtained in the search. The Court of Criminal Appeals reversed that decision.
The case is Tennessee v. Green.
Courts in several other states where cannabis is legal for either medical or adult-use purposes – including Delaware, Maryland, Minnesota, Pennsylvania, and Vermont – have previously determined that the odor of marijuana emanating from a motor vehicle is not by itself sufficient grounds to justify a warrantless search.