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Traffic Stop Probable Cause for Search and seizure from odor of Marijuana

Posted by John P. Rutkowski | Apr 04, 2021 | 0 Comments

There was no error in denying motion to suppress evidence discovered during search of defendant's vehicle which was based on officers detecting the odor of marijuana. Regardless of whether the smell of marijuana is indistinguishable from that of hemp, the smell of marijuana emanating from a vehicle continues to provide probable cause for a warrantless search of the vehicle, even if marijuana was legalized for recreational use as such use while driving would still support the offense of driving while intoxicated. Therefore, regardless of whether marijuana becomes decriminalized for recreational use, the smell of burning marijuana will continue to provide probable cause for search of a vehicle and occupants.

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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 DUI, BUI, Administrative Driver License Suspension Hearings, Administrative Hardship License Hearings and Criminal Traffic. Contact Mr. Rutkowski today for a free telephone consultation.

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