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(WWJ) The Michigan Supreme Court has ruled that the smell of marijuana alone does not justify a police search of a vehicle.
In a 5 to 1 decision, the court this week threw out gun charges against a man whose car was searched by officers without a warrant in Detroit in 2020.
In the majority opinion, the justices said the smell of pot could mean that a person is in legal possession of marijuana — for instance, transporting it after a purchase from a licensed dispensary — not necessarily that a person was using marijuana while driving.
“A warrantless search must be based on probable cause and the smell of marijuana is insufficient to support probable cause,” Justice Megan Cavanagh wrote for the majority.
The possession, in certain amounts, and use of recreational marijuana by adults was legalized in Michigan in 2018.
“However, the decent pointed out that pot it still illegal under federal law, and driving a vehicle while high is still a crime, which would justify the search. That’s the descent,” said WWJ Legal Analyst Charlie Langton, “so, we’ll see.”
WEMU reports lawyer Ramis Wadood with the ACLU of Michigan called the count’s decision a “huge win” for rights under the U.S. Constitution’s Fourth Amendment, which outlaws unreasonable searches and seizures.
Wadood said police in Michigan will have some catching up to do.
“They’re going to have to change their practices if they smell marijuana on the street, if they smell marijuana while driving past someone’s house or someone’s parked car. This is really going to restrain unconstitutional police practices across the state,” Wadood said.
“}]] The Michigan Supreme Court has ruled that the smell of marijuana alone does not justify a police search of a vehicle. The 5-1 decision came down this week. Read More
