Court: Police can’t search cars
solely because of pot odor
DETROIT (AP) — The odor of marijuana alone isn't a sufficient reason for police to search a car without a warrant, the Michigan Supreme Court said Wednesday.
In a 5-1 opinion, the court threw out gun charges against a man whose car was searched in Detroit in 2020.
Michigan voters in 2018 legalized the possession and use of small amounts of marijuana by people who are at least 21 years old, though it cannot be used inside a vehicle.
“The smell of marijuana might just as likely indicate that the person is in possession of a legal amount of marijuana, recently used marijuana legally, or was simply in the presence of someone else who used marijuana,” said Justice Megan Cavanagh, writing for the majority.
The smell “no longer constitutes probable cause sufficient to support a search for contraband,” Cavanagh wrote.
The lone dissenter, Justice Brian Zahra, said he favored returning it to a Detroit-area court to determine whether any other evidence supported a search of the car by police.
In a 5-1 opinion, the court threw out gun charges against a man whose car was searched in Detroit in 2020.
Michigan voters in 2018 legalized the possession and use of small amounts of marijuana by people who are at least 21 years old, though it cannot be used inside a vehicle.
“The smell of marijuana might just as likely indicate that the person is in possession of a legal amount of marijuana, recently used marijuana legally, or was simply in the presence of someone else who used marijuana,” said Justice Megan Cavanagh, writing for the majority.
The smell “no longer constitutes probable cause sufficient to support a search for contraband,” Cavanagh wrote.
The lone dissenter, Justice Brian Zahra, said he favored returning it to a Detroit-area court to determine whether any other evidence supported a search of the car by police.
‘Prosecuting the Drugged Driver’
presented online
The Prosecuting Attorneys Association of Michigan will present the Traffic Safety Training Program Webinar “Prosecuting the Drugged Driver” on Wednesday, April 9, from 9 a.m. to noon via Zoom.
This training will provide law enforcement and prosecutors with the tools and resources they need to effectively investigate and prosecute drugged driving cases, organizers say.
The webinar’s topics will include:
• Overview of the Michigan State Police Toxicology Lab
• The Seven Drug Categories
• Jury Selection in a Drugged Driving Trial
This course if approved for 3 hours of credit under PAAM’s recommended CLE Best Practice.
To register, visit https://michiganprosecutor.org and click on “training.”
This training will provide law enforcement and prosecutors with the tools and resources they need to effectively investigate and prosecute drugged driving cases, organizers say.
The webinar’s topics will include:
• Overview of the Michigan State Police Toxicology Lab
• The Seven Drug Categories
• Jury Selection in a Drugged Driving Trial
This course if approved for 3 hours of credit under PAAM’s recommended CLE Best Practice.
To register, visit https://michiganprosecutor.org and click on “training.”
SBM section to hold ‘Honors Reception’
The Litigation Section of the State Bar of Michigan will host its “Honors Reception 2025” on Wednesday, April 9, from 6:30 to 8:30 p.m. at The Henry Ford in Dearborn.
This is a reception to honor this year’s award recipients. It will feature a strolling dinner followed by the awards program.
To register to attend the reception, visit https://connect.michbar.org/litigation/home.
This is a reception to honor this year’s award recipients. It will feature a strolling dinner followed by the awards program.
To register to attend the reception, visit https://connect.michbar.org/litigation/home.
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