Warrant Exception of Plain View/Smell/Touch
The smell or odor of marijuana is enough to prompt a cop to search without a warrant. The cases in the articles indicate that courts concur with the fact that the smell of marijuana constitutes a probable cause. In the Philadelphian article, the odor of marijuana is the primary reason that has become popular why cops conduct searches in vehicles. The police use odor and smelling as the sole probable cause to conduct searches in the vehicles, as shown in the cases that follow in the article. It seems an easy way to get access to a vehicle, but after conducting the searches, it results out that these searches do not yield the discovery of any marijuana in the vehicles stopped. Arizona case, on the other hand, involves cops obtaining a warrant basing on the smell of marijuana alone. In the case, Chief Justice Bales states that the odor of marijuana will warrant a reasonable individual to believe that there is fairly probability that contraband or evidence of a crime is present. It explains further that the smell of marijuana shows a sinister crime that could be taking place.
Maryland’s high court holds that a law enforcement officer has probable cause to search a vehicle then the cop detects the odor of marijuana coming from the car. A similar case in Tuscon, in which cops smelled marijuana and after searching the place, found more plants than a hundred. Rules need to be reviewed, and police officers trained on medicinal marijuana. However, the cases indicate that the law of the state allows officers to conduct a search without a warrant in a situation where they see, smell marijuana, and a protective sweep. Special observations need to be put in concern before they can apply these exceptions under the accepted law. The way police do searches without warrants could be useful in preventing suspects from distorting crucial evidence. Therefore, it helps keep society safely, controlling what would have been a crime from happening.