illvol
Eternal optimist
- Joined
- Sep 2, 2010
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Attorney: Officer, you say you detected a strong odor of marijuana. Yet, upon your search, you only noted half an gram in a bag. You didn't note ash, residue, pipes, bongs, rolling paper, or anything else to indicate that there had previously been more marijuana in the car that had been consumed. So, tell me, where did this "strong odor" come from?
Smelling the odor of cannabis whether burnt or not is probable cause for a search. Whether they smoked it in the car an hour earlier or they smoked it at home an hour earlier or they were simply around someone that smoked somewhere it's all the same. The odor gives the officer PC to search. He may find seeds, he may find nothing that reinforces what he smelled but in this case they found a stolen firearm. I have been on a stop and smelled this odor hundreds of times, searched the car and cut everyone loose after finding nothing or even a small amount. I have also smelled it, found something and cut some people loose but arrested others. You have to take in the totality of the circumstances.