Whether law enforcement has probable cause to search is a critical issue in most drug arrests where the defendant is inside a vehicle. Often times, that probable cause is based on the law enforcement officer's detection of the odor of marijuana. This letter from the State Bureau of Investigations Director opines that law enforcement officers are not able to differentiate between the smell of legal CBD products (which contain small amounts of THC) and marijuana, an illegal controlled substance; and provides additional ammunition to defense attorney's challenging probable cause for searches based on marijuana odor.
For more information on warrantless searches and Constitutional rights, contact Parton & Associates.
The law applies differently in each situation. Nothing on this page should be construed as or be relied upon as legal advice.