Lansing, MI: Judges on the Michigan Supreme Court have ruled that police officers may not conduct warrantless searches of motor vehicles based solely upon the odor of marijuana emanating from the vehicle.
Judges opined that because the use of cannabis is now state-legal under certain circumstances, “the smell of marijuana, standing alone, no longer constitutes probable cause sufficient to support a search for contraband.”
They concluded, “Instead of a rule that the smell of marijuana alone may be sufficient to support a finding of probable cause, the appropriate rule is that the smell of marijuana is one factor that may play a role in the probable-cause determination.”
Courts in other states where cannabis is legal for either medical or adult-use purposes – including Delaware, Maryland, Minnesota, Pennsylvania, and Vermont – have similarly determined that the odor of marijuana, absent evidence of a crime, does not provide probable cause to justify a warrantless search of a motor vehicle.
In Illinois, the Supreme Court has issued inconsistent decisions on the matter – finding that the odor of burnt cannabis is insufficient cause for a motor vehicle search, but that the “odor of raw cannabis” is sufficient.
The case is People v. Armstrong.