One question that arises in DUI cases is can the police search my car for smelling like marijuana. defending DUI cases One of the ways that police obtain the necessary standards that are required to search an individual’s property is probable cause. One of the most common ways the police obtain probable cause is through the smell of marijuana. While in some states it has been legalized both medically and recreationally, in the Commonwealth of Pennsylvania however, it is only legalized medically and for those who do not have the license, it remains an illegal drug to possess. The question then becomes, what does it mean for you when a police officer pulls you over and says that he smells marijuana? To start with it, it usually means that the police suspect that there is a presence of marijuana in your vehicle. Because the fourth amendment protects us from unreasonable searches and seizures, the police cannot just outright take you out of your car and search it for no reason. If they smell marijuana they usually can. Luckily, defense attorneys know this and when a stop occurs they look at a number of different factors to determine if the cop was actually smelling marijuana (if marijuana is found during the search, then the officer is usually justified in his probable cause claim) or if the reason for the stop was legitimate in the first place.
One point that DUI lawyers now when asking can the police search my car for smelling like marijuana is that the smell of marijuana is used in a lot of probable cause claims. DUI refusal In addition to the smell of marijuana, the police will also write in their affidavit of probable cause things such as, “the individual had blood shot, or glassy eyes, or their speech was slurred. These are all common identifiers used by officers to make the claim that they suspected the individual of being under the influence of marijuana. To summarize, the police can pull you over for a traffic violation and during the routine of the stop, if they smell marijuana, whether its burnt or fresh, they can and will use that as a justification as to why they searched your property. If this has happened to you, it is important that you seek legal representation. The attorneys at the Law Offices of Kelly and Conte are experienced attorneys who will help you get the best possible outcome given the facts of your case.