smell of marijuana is sufficient for a law enforcement officer to conduct the search without a warrant
Hi Ahmed,
I agree with you the smell of marijuana is sufficient for a law enforcement officer to conduct the search without a warrant. The smell of marijuana, especially after the vehicles have been forced, should be treated as a warrant exception, and the police officers should go on and conduct the search. However, many such searches have not yielded positive outcomes. I believe the law enforcement officers need to improve on their skills to search for marijuana instead of basing their conclusions on the smell alone. There are cases where the police officers conduct the searches based on the smell and end up without any evidence which portrays the need to elevate search skills too. You have mentioned a critical case that addressed the use of medical marijuana, which raises concern for using the marijuana smell as the primary probable cause. I like the cases you have selected, which offers excellent insight into the probable cause while conducting searches for marijuana. The cases conclude that warrantless searches in the plain view, smell, and protective sweep. The smell is the first alarm to search for marijuana and shows either the vehicle has marijuana or it was being used. I also agree with you the use of smell has made it easy to catch the drug-related criminals effortlessly and helps get the evidence immediately. Therefore the use of smell as the probable cause helps the law enforcement officers in ensuring the criminals do not destroy the evidence which should be used against them in the court. Great post!