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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.

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.

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