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Connecticut criminal defense attorney for marijuana crimesIn recent years, the recreational and medical use of marijuana has become legal in several states across the country. Currently, 33 states, including Connecticut, permit the medicinal use of marijuana, and 11 states and the District of Columbia allow the recreational use of marijuana for adults. Even just 10 years ago, police could use the “smell of marijuana” as a legitimate reason to search a citizen’s vehicle or person for evidence which could be used to pursue charges for drug possession or DUI. However, times have changed, and some courts have found that this is not an adequate reason to conduct a search.

Is Marijuana Odor Considered Evidence?

Now that more than half of the states have legalized marijuana in some way, lawmakers and law enforcement officials have run into an issue of constitutionality when it comes to using the smell of marijuana as probable cause to search a vehicle or a person. In the minority of states that have not legalized marijuana, a police officer who believes they smell pot has probable cause to search a vehicle in most cases. In other states, however, the line has become blurred, because the smell of pot does not necessarily point to a crime.

“Pot Smell” and the Fourth Amendment

The “automobile exception” has long been recognized by the Supreme Court as an exception to the Fourth Amendment, which states that citizens have the right to be free from unreasonable searches and seizures without a warrant. In many cases, a vehicle may be searched without the need to obtain a warrant if an officer has probable cause to believe that a crime has been committed. Police have long used the smell of marijuana as an excuse to conduct vehicle searches, though it is now being reconsidered whether or not the supposed presence of this type of odor is enough to allow a warrantless search. Courts in many states, such as Pennsylvania, Massachusetts, Vermont, and Maryland, have ruled that marijuana odor no longer gives police the right to search a vehicle.

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