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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-five 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 and representing clients in three states.


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John P. Rutkowski, Attorney at Law, firm represents clients in the area of driving under the influence, boating under the influence, Criminal & Civil Traffic Offenses. Contact me today for a free telephone consultation.