{"id":64235,"date":"2026-06-14T09:22:06","date_gmt":"2026-06-14T14:22:06","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64235"},"modified":"2026-06-15T09:25:49","modified_gmt":"2026-06-15T14:25:49","slug":"ca6-the-smell-of-burnt-mj-in-a-car-is-still-pc-for-driving-under-influence-even-where-personal-possession-is-legal","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=64235","title":{"rendered":"CA6: The smell of burnt MJ in a car is still PC for driving under influence even where personal possession is legal."},"content":{"rendered":"\n<p>\u201cPossession of recreational marijuana may be legal in Missouri, but \u2018[o]perating or being in physical control of any motor vehicle \u2026 while under the influence of marijuana\u2019 is not. Mo. Const. art. XIV \u00a7 2(3)(1)(d). Considering the strong odor of marijuana Officer Perkins smelled coming from Drake&#8217;s vehicle, as well as his evasive and erratic behavior during the stop, we conclude Officer Perkins could have reasonably believed he would discover evidence that Drake had operated a motor vehicle while under the influence of marijuana by searching his car. Consequently, Perkins had probable cause to search Drake&#8217;s vehicle under the automobile exception.\u201d <a href=\"https:\/\/ecf.ca8.uscourts.gov\/opndir\/26\/06\/243332U.pdf\">United States v. Drake<\/a>, 2026 U.S. App. LEXIS 16415 (8th Cir. June 8, 2026).<\/p>\n\n\n\n<p>Defendant was surveilled because of an outstanding Idaho warrant, then an in-state warrant.  The state&#8217;s higher privacy rights were not violated. Reasonable suspicion developed for his detention. Ultimately, he consented to a search by agreeing officers could look at his stuff. People v. Reyes, 2026 Mich. App. LEXIS 4961 (June 12, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cPossession of recreational marijuana may be legal in Missouri, but \u2018[o]perating or being in physical control of any motor vehicle \u2026 while under the influence of marijuana\u2019 is not. Mo. Const. art. XIV \u00a7 2(3)(1)(d). Considering the strong odor of &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=64235\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24,51,35],"tags":[],"class_list":["post-64235","post","type-post","status-publish","format-standard","hentry","category-consent","category-plain-view","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64235","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=64235"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64235\/revisions"}],"predecessor-version":[{"id":64236,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64235\/revisions\/64236"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64235"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64235"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64235"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}