VT: Smell of mj and surrender of a small amount in recreational mj state wasn’t PC

There wasn’t probable cause under the state constitution to seize defendant’s vehicle because the tip was too vague and general even if it satisfied the state rules and properly identified the driver, his smoking, and the presence of air fresheners in the car. Defendant’s vague travel plans and his nervousness were insufficient to show probable cause that there were illicit drugs in the vehicle other than the marijuana he was carrying. The smell of marijuana and his voluntary surrender of a recreational amount of marijuana were insufficient to establish probable cause that defendant possessed additional marijuana in criminal amounts or drugs other than the recreational marijuana. State v. Clinton-Aimable, 2020 VT 30, 2020 Vt. LEXIS 32 (Mar. 22, 2020).

The encounter here was consensual and led to the officer running the VIN and finding the vehicle was stolen. That led to a valid search of the vehicle. United States v. Hilleland, 2020 U.S. Dist. LEXIS 50495 (D. Kan. Mar. 24, 2020).*