The Odor Of Marijuana DOES NOT Mean The Police Can Search

Law Offices of EJ Stopyro
Orange County Marijuana Lawyers
Criminal Defense Attorney in Orange County

That familiar and distinct aroma of marijuana has always been a double-edges sword. To those of us who use marijuana, the smell is delightful. But that skunky odor can also attract trouble in the form of a police officer looking to make a bust. And until recently, the appellate courts have routinely held that the odor of marijuana is sufficient to justify a warrantless search of your car, your home and your person.

However, the recent decriminalization of marijuana in California, whereby possession of less than an ounce of marijuana is now an infraction and only punishable by a $100.00 fine, has also changed California search and seizure law.

Pot possession used to be a misdemeanor offense, which means that it technically was punishable by jail time. Therefore, if a police officer smelled marijuana coming from your house, car or person, the officer could conduct a warrantless search for pot under the rational that the officer didn’t have time to get a warrant because the suspect would destroy or hide the evidence. The fact that marijuana possession has now been reduced to a very minor non-jailable offense has changed this.

In the case of People v. Torres, decided on May 2, 2012 by the California Court of Appeals, Second District, an officer smelled the odor of marijuana coming from a hotel room. The officer ordered everyone out of the room and conducted a warrantless search. The Court of Appeal held that since marijuana possession is now a simple infraction and carries no jail time, the rational of allowing a warrantless search is no longer viable. The Court balanced the intrusion of a warrantless search on our liberty against the seriousness of the offense and found that allowing a warrantless search for such a minor offense is simply too great of an infringement on our right to be free form unreasonable searches. So unless the officer has evidence that a more serious crime is being committed, (i.e. possession of MORE than an ounce of pot), the cops can no longer search you, your car or your home based solely on the odor of marijuana.

If you face marijuana charges don’t hesitate to call the Law Offices of EJ Stopyro today at (949) 559-5500 for a free and confidential consultation with an experienced marijuana defense attorney. Or visit our website at www.EJEsquire.com and click on marijuana.

Law Offices of EJ Stopyro

Orange County Criminal Defense Lawyers
Drug Defense Attorney in Orange County