Pot Odor Not Grounds for Search
March 11th, 2007 by Alex
The AP is reporting on a ruling in Utah that might have some lasting repercussions with police forces across America.
In the case of Bernadette Duran vs. the Carbon County Police, the Utah Supreme Court ruled 4 - 1 against the legality of seizure without a warrant, purely based upon the odor of marijuana emanating from the residence.
The general belief behind the ruling, is that if the Utah Supreme Court ruled that entry and seizure without a warrant (purely based on odor) was legal, police would feel “empowered” to check for other crimes on baseless assumptions. In other words, search an underage teenager for cigarettes if their clothes smelled like smoke or other liberty-eroding processes.
This ruling will be noted by police across the country, and make them think twice before attempting search & seizures on such subjective evidence.
Still, don’t go blazing in a parking lot and expect the police to just look the other way and leave you alone. There’s a difference…
