Tuesday, May 31, 2011

Marijuana smell still enough for traffic stop in Michigan.

In Michigan the smell of marijuana alone is probable cause to search. Although the officer conducting the investigation must articulate his familiarity with the odor of marijuana. Clearly, the justification for the search is the fact that possession or use of marijuana in Michigan is a crime and constitutes criminal activity. However, the law is rapidly changing after the citizens of Michigan passed legislation legalizing medical use of marijuana for people stricken with diseases and chronic pain. The number of people possessing and applying for medical marijuana licenses in Michigan is staggering. Citizens legally possessing  medical marijuana could be subjected to violations of their  Fourth Amendment right against unreasonable search and seizure. Although, marijuana is still illegal under federal law. In Michigan odor of marijuana is still probable cause to search until the law is changed.