Vehicle Searches and the Odor of Marijuana

• Probable Cause Searches of Vehicles
• Probable Cause and the Totality of the Circumstances
• Searches of Vehicles and the Odor of Marijuana

With probable cause to believe a vehicle contains contraband or other evidence of a crime, the vehicle and any containers found therein may be searched without a search warrant.  Probable cause is determined by considering the totality of the circumstances.   The odor of marijuana coming from a vehicle, plus some “additional evidence” indicating that more than a legal amount of marijuana may be found in the car, justifies a warrantless search of that vehicle for more marijuana.

Sacramento Police Department Sergeant Andy Hall, while patrolling the Meadowview neighborhood of the city, observed a Jeep SVU parked on a curb near the 24th Street Bypass Park.  A subject—later identified as defendant Jemondre Dionte Moore—was observed leaning into the open front passenger door of the Jeep.  As Sgt. Hall parked his marked patrol unit behind the Jeep, defendant (apparently seeing the officer approach) turned and walked away, stopping at a gazebo in the middle of the park from where he was able to watch as the sergeant made contact with the driver.  The driver—identified as Brian Bennett—opened the driver’s side door as Sgt. Hall approached.  When he did so, Sgt. Hall could smell a “strong” odor of “fresh marijuana.”  When asked whether there was any marijuana in the Jeep, Bennett nervously claimed there was not, but then told Sgt. Hall there had been marijuana in the car earlier until he smoked it all, showing the sergeant an “empty mason jar that looked like it had marijuana residue in it.”  Sgt. Hall asked Bennett if there was anything illegal in the Jeep.  Bennett nervously responded with an equivocal; “Not that I know of.”  During this discussion, Sgt. Hall observed a backpack on the front ....