The Michigan Supreme Court has made a significant ruling that the smell of marijuana can no longer serve as probable cause for police to search individuals or their vehicles. This decision came after a case involving a Detroit man arrested in October 2020 when police smelled marijuana during a routine check and subsequently discovered a firearm in his vehicle.
In a 5-1 decision, the court sided with a lower court ruling, emphasizing that since marijuana is legal for adults to purchase and use in Michigan, its smell alone cannot imply illegal activity. The court determined that the smell of marijuana did not provide sufficient justification for the police to search the vehicle or detain the individual involved.
The case began when a police officer, noticing the smell of marijuana, asked the Detroit man if he had been smoking, to which he replied no. The officer then requested that he exit the vehicle, handcuffed him, and conducted a pat-down. During this process, another officer found a black handgun under the front passenger seat, leading to charges against the man for carrying a concealed weapon and possession of a firearm as a felon.
However, the trial court ruled that because the gun was not visible at the time police claimed they smelled marijuana, the original justification for the search was flawed. The Michigan Supreme Court echoed this sentiment, stating that the smell of marijuana is now considered only one factor in determining probable cause. The justices concluded that the police did not have enough evidence to justify their actions, thus invalidating the search.
Prosecutors attempted to reference a previous court case from 2000 to support their argument that the smell of marijuana allowed for probable cause. Nonetheless, the justices affirmed that the smell alone is no longer adequate for establishing probable cause in law enforcement investigations.
