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Vehicle Search and seizure

Posted by John P. Rutkowski | Jul 10, 2019 | 0 Comments

Criminal law -- Search and seizure -- Vehicle stop -- Odor of marijuana -- No error in denying motion to suppress evidence discovered in defendant's vehicle during a traffic stop after law enforcement detected the odor of burnt marijuana. Court rejects argument that because the state has authorized medical marijuana, the smell of marijuana coming from a vehicle no longer provides law enforcement with probable cause to conduct warrantless search. It was not unreasonable for an officer to conclude that there was a fair probability that defendant, who was driving around in the early morning hours smelling of marijuana, was acting unlawfully.

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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.