Is Smell Probable Cause In California 2024. In california, the smell of marijuana alone coming from a car no longer provides probable cause for search of the car. 2018))—despite nevada’s legalization of medical marijuana, the smell of marijuana emanating from a vehicle still provides.
But not all courts agree on the plain smell exception. “this court and our state supreme court have repeatedly held that the odor of marijuana alone provides.
Let’s Call It… “ Plain Smell Plus One”.
House bill 1071 states that marijuana’s odor alone gives police neither reasonable suspicion nor probable cause to suspect someone of criminal activity.
“The ‘Plain Smell’ Of Marijuana Alone No Longer Provides Authorities With Probable Cause To Conduct A Search Of A Subject Vehicle,” Lehigh County Judge Maria.
Personally i think you are correct, and that the smell of marijuana in ca does not give rise to probable cause that a crime has been committed.
But Not All Courts Agree On The Plain Smell Exception.
Overall, law enforcement can no longer use the smell of marijuana alone to justify a search of a vehicle (besides that which is in plain view).
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The Mere Smell Of Marijuana, Without Something More, Is Not Sufficient To Establish Probable Cause To Search The Entire Vehicle.
As the officer stated, they stopped you because 1) tinted window (first offense is fix it ticket) that is enough to stop you for the ticket and 2) smell of mj , which.
In California, The Smell Of Marijuana Alone Coming From A Car No Longer Provides Probable Cause For Search Of The Car.
January 19, 2024 at 6:00 a.m.
Overall, Law Enforcement Can No Longer Use The Smell Of Marijuana Alone To Justify A Search Of A Vehicle (Besides That Which Is In Plain View).