It is possible that a suspect could be arrested based on having the “odor of marijuana” on them that no one else ever smelled, but that suspect would never have a chance to argue their case with tangible evidence, putting them at a serious disadvantage in the criminal justice system. As mentioned, the odor of marijuana can linger on different surfaces for varying amounts of time. The problem with relying on smell to justify a search and arrest is that the smell cannot be reliable proven or unproven later.
#Southern maryland judiciary case search full
There have long been complaints of police officers saying they “smell marijuana” on a person during a traffic stop and using that claim to conduct a full search of their vehicle, possibly ending in an arrest for another type of criminal violation. Without a probable cause to make an arrest based on marijuana smell, it will also become more difficult for law enforcement officers to lawfully conduct a stop-and-search. Further Issues with Relying on an Officer’s Nose Given that any amount of marijuana can produce a “marijuana smell,” the Maryland Court of Appeals held that it was unjustified to make an arrest based on the smell alone. To this end, someone could smoke one gram of marijuana and still smell strongly of the substance for a while afterward. The smoke can cling to people and objects long after marijuana has been used, too. Smoking any amount of marijuana is likely to make a strong odor that permeates throughout the area. In order to establish probable cause to make an arrest, it has always been that a police officer must have reason to believe the suspect or “arrestee committed a felony or was committing a felony or misdemeanor” in the police officer’s presence. You can be cited for a civil offense, but you cannot be arrested for one. In Maryland, possessing less than 10 grams of recreational marijuana is not a criminal violation, it is a civil offense. Why Marijuana Smell Does Not Equal Probable Cause
#Southern maryland judiciary case search update
The legal update should make it more difficult for police officers to stop and arrest people on suspicion of drug charges without convincing evidence that a criminal amount of marijuana is on their person or in their possession. The Maryland Court of Appeals has recently ruled that police officers cannot deem a person’s “smell of marijuana” as probable cause to make an arrest. Farmer and his associates go the EXTRA mile for all their clients! It's nice to feel safe at the hands of your attorney and get a great outcome! Every experience I've personally had, as well as watched, has been nothing short of miraculous!! Farmer and staff are who you want on your side!!!” His expertise, presentation, and professionalism all worked together and we received a great outcome and my family was 100% pleased. “Attorney Farmer helped me and my family through a domestic situation which turned out to be great. We received a great outcome and my family was 100% pleased.James Farmer for all that you have done for me!! I also want to thank Patrick, Gary and his staff for their hard work, kindness, and professionalism.”
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