The 4th Amendment protects people from unreasonable searches and seizures. Only searches deemed unreasonable are prohibited. In general, one lawful way for a police officer to search a vehicle is by obtaining a search warrant based on probable cause, with facts described with particularity.
A valid search warrant = probable cause + particularity. If a vehicle is searched without a warrant, the search must fall within recognized exceptions to be reasonable.
Exceptions to the Warrant Requirement
Police can search a vehicle without a warrant under certain circumstances:
Consent Searches
If you voluntarily allow an officer to search your vehicle, they may legally do so. Consent must be intelligent and voluntary; it cannot be coerced or obtained through duress or threats.
Search Incident to Lawful Arrest
If you are arrested for a marijuana DUI, police may search your vehicle if you are unsecured and within reaching distance, or if they reasonably believe the vehicle contains evidence related to the crime of arrest.
Inventory Searches
When arrested and taken to the police station, officers may search your vehicle and personal belongings as part of an inventory procedure.
Plain Smell Doctrine & Automobile Exception
The most common exception in marijuana cases is the Plain Smell Doctrine. If an officer trained to recognize marijuana odors detects the smell emanating from a vehicle, the incriminating character is immediately apparent, creating probable cause for a vehicle search.
Key Considerations for Marijuana Vehicle Search Defense
Can police search if they smell marijuana outside the vehicle?
This depends on the underlying facts: the strength of the odor, whether marijuana was smoked in the car, packaging, use of K-9 units, and timing of ingestion. The authority to search is based on the totality of evidence.
Recent California Case Law
In People v. Waxler (2014), the odor of burnt marijuana from a vehicle and observation of a pipe inside created probable cause for a search under the automobile exception. Nonmedical marijuana is contraband, even in amounts below criminal possession thresholds. Full text: http://www.metnews.com/sos.cgi?0314//A137796.
Medical Marijuana Considerations
Possession of medical marijuana does not automatically protect against vehicle searches. Courts recognize an implied defense if the quantity, timing, and method of transport relate reasonably to medical needs (People v. Trippet 1997, 56 Cal.App.4th 1532, 1551). Call our office to discuss your specific situation.
Note: Police do not need to find marijuana for a search to be valid. If other incriminating evidence is found during a reasonable search, it may be used against you in court.
Related DUI & Drug Crime Pages
- Marijuana DUI Defense | VC 23152
- Possession of Marijuana | HS 11357
- Possession of Marijuana for Sale | HS 11359
- HS 11350 Defense | Possession of Controlled Substance
If you are facing vehicle search or marijuana possession charges in California, contact LAWSTACHE LAW FIRM at 619-357-6677 for experienced Marijuana Vehicle Search Defense and criminal representation.