IA: Passenger smelling of MJ not PC as to the whole car

Defendant’s car was parked at a gas station pump too long while one of them went for gas money. The police showed up, asked for IDs and found a warrant on the passenger. The passenger got out of the car, and he smelled of marijuana. That did not create probable cause to believe the whole car had marijuana. State v. See, 2017 Iowa App. LEXIS 374 (April 19, 2017).

Officers approached a vehicle with four occupants parked near a bar in a high crime area. As they approached, they could smell burnt marijuana coming from the vehicle. Shining a flashlight in they could see a baggie of marijuana. The front seat occupant tried to crawl into the back. The officers had probable cause for a search of the car. Commonwealth v. Runyan, 2017 PA Super 114, 2017 Pa. Super. LEXIS 273 (April 20, 2017).*

This entry was posted in Plain view, feel, smell, Probable cause. Bookmark the permalink.

Comments are closed.