Faint smell of marijuana on defendant\u2019s DL was not probable cause to search the car. United States v. Hickman, 2012 U.S. Dist. LEXIS 71330 (D. Idaho May 21, 2012):<\/p>\n
The Ninth Circuit has held that “a strong odor of marijuana emanating from a vehicle can constitute probable cause to search the vehicle.” United States v. Guzman-Padilla<\/a>, 573 F.3d 865, 886 n. 5 (9th Cir. 2009). The Court, however, concludes in this case that the faint smell of marijuana on Hickman’s license did not justify a search of his car. When questioned about the smell of marijuana on his license, Hickman explained that his roommate has a prescription for medical marijuana. While this explanation standing alone may not have excused Hickman, other factors support a finding of no probable cause: Hickman passed the field sobriety test; he was never resistant or confrontational; he appeared coherent in the video; and neither his clothes nor his car smelled of marijuana. Even Officer Cox, who was present at the scene, questioned whether he had probable cause to search the vehicle. While this has no legal bearing on the issue because the existence of probable cause is based on objective facts, it suggests that perhaps that the proper level of justification did not exist for the search.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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