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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-seven 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 an Assistant State Attorney in Florida before going in to private practice and representing good people in bad times who have been accused of criminal offenses, dui, and appeals.


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Put Mr. Rutkowski's twenty-seven years experience practicing in the areas of Criminal Defense, Criminal Appeals, DUI, BUI & Criminal Traffic. Contact Mr. Rutkowski today for a free telephone consultation.

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