Investigative Article: Can the Police Search Your Vehicle if They Smell Marijuana?

Introduction

There has been a lot of confusion surrounding the legality of police searches of vehicles based on the smell of marijuana. With the legal possession and use allowed under Proposition 207 for adults over the age of 21, it's essential to understand the factors that justify a search. While the odor of marijuana can contribute to probable cause, it must be accompanied by other indicators of illegal activity to justify a search. In this investigative article, we will explore the search and seizure laws regarding marijuana and provide insights into what you can do if you get caught in this situation.

The Law on Marijuana

In November 2020, Proposition 207 was passed in Arizona, legalizing the possession and use of marijuana for adults over the age of 21. However, it's essential to understand that this law does not permit individuals to use marijuana in public or drive while under the influence of marijuana. Possession of marijuana is limited to one ounce of usable marijuana or five grams of concentrated marijuana.

The Smell of Marijuana

The smell of marijuana alone is not enough to provide the police probable cause to search your vehicle. Under the Fourth Amendment, the police need reasonable suspicion to search your vehicle. Reasonable suspicion occurs when the police have enough information to support the belief that a particular circumstance is occurring. When the police smell marijuana in your vehicle, they are required to assess additional evidence or circumstances alongside the odor to determine whether a crime might be occurring. They are encouraged to look for signs of impaired driving, unauthorized distribution, or possession amounts exceeding legal limits before concluding a crime is being committed.

Pretextual Stops

While the smell of marijuana alone is not enough to justify a search, police officers may use this as a pretext to stop and search your vehicle for other reasons. A pretextual stop occurs when a police officer stops a vehicle for a minor traffic violation but has the actual intent of searching the vehicle for drugs, weapons, or other contraband. If you believe you have been pulled over for a pretextual stop, you should remain calm and respectful. Refusing a search is your constitutional right, even if the police have reasonable suspicion. If the police search your vehicle without a warrant or probable cause, the evidence they obtain may be dismissed in court.

Consent to Search

If a police officer asks for your consent to search your vehicle, you have the right to refuse. Police officers sometimes ask for consent to search a vehicle when they do not have probable cause. You are not required to give your consent, and refusing a search does not give the police probable cause to search your vehicle. It's essential to understand that if you do give consent, the police can use anything they find as evidence in court. If you are unsure whether you should give consent, you should consult with an attorney.

K-9 Searches

Police officers may also use K-9 units to search for drugs. Suppose a K-9 indicates the presence of drugs in your vehicle. In that case, police officers have probable cause to search your vehicle. It's essential to understand that a K-9 search requires reasonable suspicion. If the police had pulled you over before they had reasonable suspicion for a search, they cannot detain you while the K-9 unit arrives. If they do, they may have violated your Fourth Amendment rights.

What to Do If You're Stopped

If you're stopped by the police and they smell marijuana in your vehicle, it's essential to remain calm and respectful. Do not admit to anything. You are not required to answer any questions beyond providing identification and registration. If the police ask to search your vehicle, you have the right to refuse. It's also essential to understand that you have the right to an attorney. If you are arrested or detained, do not answer any questions until you have spoken with an attorney.

Conclusion

In conclusion, the smell of marijuana alone is not enough to justify a search. If the police stop you and smell marijuana in your car, they must assess additional evidence or circumstances to determine whether a crime is being committed. If you're stopped by the police, it's important to remain calm and respectful. You have the right to refuse a search, and if you are arrested or detained, you have the right to an attorney. By understanding your rights, you can protect yourself in a situation where the police smell marijuana in your vehicle. Police,Marijuana-Arja Shah Law PLLC