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Oder of cannabis (marijuana) is insufficient to justify warrantless search pf vehicle and defendant

Posted by John P. Rutkowski | Oct 21, 2020 | 0 Comments

While on patrol officer observed a vehicle parked with its lights out in front of a closed business. Officer approached the vehicle and when the defendant opened the driver's door the officer stated he could detect a strong odor of cannabis coming from the vehicle. The officer had no other reasonable suspicion of criminal activity and did could not provide valid basis to detain defendant or perform warrantless search of vehicle or defendant because an odor of cannabis is indistinguishable from odor of now-legal hemp. The court granted the defendant's motion to suppress.

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About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.

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John P. Rutkowski, Attorney at Law, is focused on all aspects of Criminal Defense, State and Federal Courts, Post Conviction Relief, Criminal Appeals and Traffic Offenses. Contact me today for a free telephone consultation.

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