By Alethia Kasben
Gongwer News Service
Probable cause that a vehicle may contain a small amount of marijuana, including being able to smell the drug, is insufficient to allow a warrantless search under the automobile exception, a split Supreme Court ruled Wednesday.
People v. Wilkins (SC Docket No. 167737), involved two individuals under the age of 21 who were pulled over by a state trooper, who could smell marijuana but did not see any and did not find any on the individuals. The vehicle passenger, during questioning, said she may have a small amount of cannabis, which is a civil infraction under Michigan’s laws.
Because of the smell of marijuana and the admission of potentially having a small amount, the trooper searched the vehicle and found a concealed firearm.
The 5-2 Supreme Court ruled the search that led to finding the firearm and the subsequent charges were unlawful. Justice Kimberly Thomas wrote the opinion, which was signed by Justice Noah Hood, Chief Justice Megan Cavanagh, Justice Kyra Harris Bolden and Justice Elizabeth Welch.
A key issue in the case is the reduction of cannabis possession from a criminal offense to a civil infraction under the Michigan Regulation and Taxation of Marihuana Act passed by voters in 2018.
“Although a civil infraction is still a violation of law, it is of lesser severity than a criminal infraction. And the people of this state demonstrated a reduced state interest in enforcement of laws prohibiting marijuana possession and use specifically by taking the offense out of the realm of criminal law by ballot initiative,” Thomas wrote. “This reduced governmental interest in detecting and punishing civil infractions does not overcome the individual’s expectation of privacy in their vehicle under the Fourth Amendment, and the trooper here did not have probable cause concerning any criminal violation.”
The majority ruled it is unreasonable to allow a civil infraction to trigger a warrantless search under the automobile exception
“In the context of marijuana, this means a police officer must have probable cause to believe an automobile contains evidence of possession of a criminal amount of marijuana or another criminal offense to conduct a warrantless search under the automobile exception,” Thomas wrote. “The smell of marijuana is not enough and, here, there is little else on which the trooper could rely.”
Justice Brian Zahra, in a dissent signed by Justice Richard Bernstein, said he would have ruled the search was lawful.
“The trooper here relied on more than just the odor of marijuana before searching the vehicle,” Zahra wrote. “The trooper also relied on the following: (1) the trooper smelled the odor of marijuana upon approaching the vehicle; (2) both the driver and passenger were under the age of 21, so the trooper knew no one in the vehicle could legally possess any amount of marijuana; (3) the driver and the passenger initially lied about having marijuana; and (4) then the passenger admitted to having some marijuana in the vehicle. These facts certainly gave the trooper probable cause to believe that the vehicle contained marijuana contraband.”
Gongwer News Service
Probable cause that a vehicle may contain a small amount of marijuana, including being able to smell the drug, is insufficient to allow a warrantless search under the automobile exception, a split Supreme Court ruled Wednesday.
People v. Wilkins (SC Docket No. 167737), involved two individuals under the age of 21 who were pulled over by a state trooper, who could smell marijuana but did not see any and did not find any on the individuals. The vehicle passenger, during questioning, said she may have a small amount of cannabis, which is a civil infraction under Michigan’s laws.
Because of the smell of marijuana and the admission of potentially having a small amount, the trooper searched the vehicle and found a concealed firearm.
The 5-2 Supreme Court ruled the search that led to finding the firearm and the subsequent charges were unlawful. Justice Kimberly Thomas wrote the opinion, which was signed by Justice Noah Hood, Chief Justice Megan Cavanagh, Justice Kyra Harris Bolden and Justice Elizabeth Welch.
A key issue in the case is the reduction of cannabis possession from a criminal offense to a civil infraction under the Michigan Regulation and Taxation of Marihuana Act passed by voters in 2018.
“Although a civil infraction is still a violation of law, it is of lesser severity than a criminal infraction. And the people of this state demonstrated a reduced state interest in enforcement of laws prohibiting marijuana possession and use specifically by taking the offense out of the realm of criminal law by ballot initiative,” Thomas wrote. “This reduced governmental interest in detecting and punishing civil infractions does not overcome the individual’s expectation of privacy in their vehicle under the Fourth Amendment, and the trooper here did not have probable cause concerning any criminal violation.”
The majority ruled it is unreasonable to allow a civil infraction to trigger a warrantless search under the automobile exception
“In the context of marijuana, this means a police officer must have probable cause to believe an automobile contains evidence of possession of a criminal amount of marijuana or another criminal offense to conduct a warrantless search under the automobile exception,” Thomas wrote. “The smell of marijuana is not enough and, here, there is little else on which the trooper could rely.”
Justice Brian Zahra, in a dissent signed by Justice Richard Bernstein, said he would have ruled the search was lawful.
“The trooper here relied on more than just the odor of marijuana before searching the vehicle,” Zahra wrote. “The trooper also relied on the following: (1) the trooper smelled the odor of marijuana upon approaching the vehicle; (2) both the driver and passenger were under the age of 21, so the trooper knew no one in the vehicle could legally possess any amount of marijuana; (3) the driver and the passenger initially lied about having marijuana; and (4) then the passenger admitted to having some marijuana in the vehicle. These facts certainly gave the trooper probable cause to believe that the vehicle contained marijuana contraband.”
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