Vehicle Searches and the Odor of Marijuana

• Probable Cause Searches of Vehicles
• Probable Cause and the Totality of the Circumstances
• Searches of Vehicles and the Odor of Marijuana

With probable cause to believe a vehicle contains contraband or other evidence of a crime, the vehicle and any containers found therein may be searched without a search warrant.  Probable cause is determined by considering the totality of the circumstances.   The odor of marijuana coming from a vehicle, plus some “additional evidence” indicating that more than a legal amount of marijuana may be found in the car, justifies a warrantless search of that vehicle for more marijuana.

Sacramento Police Department Sergeant Andy Hall, while patrolling the Meadowview neighborhood of the city, observed a Jeep SVU parked on a curb near the 24th Street Bypass Park.  A subject—later identified as defendant Jemondre Dionte Moore—was observed leaning into the open front passenger door of the Jeep.  As Sgt. Hall parked his marked ....