Click here: to donate by Credit Card
Or here: to donate by PayPal
Or by mail to: Free Republic, LLC - PO Box 9771 - Fresno, CA 93794
Thank you very much and God bless you.
Posted on 07/25/2026 3:24:11 PM PDT by Libloather
LANSING, Mich. (News 10) — The Michigan Supreme Court has ruled that police can no longer use the smell of marijuana as the sole justification for a warrantless vehicle search.
In a 5-2 decision in No. 165764, People of Michigan v Devante Kyran Jennings,, the court found that odor alone does not establish probable cause that a criminal amount of cannabis is present in a vehicle.
Read more about the case and find the court’s opinion here.
What changed after legalization
Since Michigan voters approved a change to state law in 2018, possessing less than five ounces of marijuana is generally a civil infraction, not a criminal offense — except in some repeat cases.
Under the ruling, officers must now have something beyond smell to conduct a vehicle search for marijuana.
(Excerpt) Read more at wilx.com ...
|
|
Click here: to donate by Credit Card Or here: to donate by PayPal Or by mail to: Free Republic, LLC - PO Box 9771 - Fresno, CA 93794 Thank you very much and God bless you. |
As if Michigan wasn’t already circling the drain.
Officers will have find another way to justify searches.
I can’t disagree with this ruling.
Going over the speed limit - a fact.
Having an expired registration - a fact.
Smelling an odor of marijuana - a bit subjective.
The problem is that marijuana-impaired drivers can be as dangerous as alcohol-impaired drivers. So pull ‘em out of the car, and observe them.
Pennsylvania vs. Mimms.
But no casual 4A violations, please.
The Legal System in Mich. smells....
There is no blood test for THC intoxication?
simply saying the driver leaned over and it looked like he was hiding something when he noticed I was behind him...
They used that one on me at least 5 times in my life...
Dope might be legal, but driving while impaired is not. This doesn’t make a lot of sense
Does this count if you bribe the officer with a remnant of an old hotdog on the dash?
Maybe it means the smell of marijuana as opposed to the smell of marijuana smoke ? Someone transporting it would not necessarily be intoxicated, but strong weed carries an odor. On the other hand, the smell of burnt weed, in a solo occupancy vehicle would seem to be probable cause to suspect intoxication. In fine Freeper form, I did not read the article ;)
So common in Colorado now. Sitting at a stoplight while the car in front of me, and cars around, are pumping pot smoke out the windows.
Clouds of nasty skunk smell. Swirling around.
Police can’t and won’t, pull anyone over for being stoned. Only after the car is crashed or people are killed.
So many black guys, brown guys, and white chicks drive around stoned and smoking pot. My car insurance has tripled since pot was legal.
I wonder why?
I agree with you.
Having violated the rules of FR and having not only read the article but also the case I have to say.... huh?
People of Michigan v Devante Kyran Jennings is about double jeopardy not marijuana.
Unless they linked the wrong case this ruling makes no sense at all.
I go to a casino occasionally. Sometimes, there are people who reek of marijuana.
If the officer can smell it from outside the car, wouldn't it be probable the driver is intoxicated?
Some sort of racial correlation I guess. But now that means even the rest of us can drive high, too. Right?
Nothing probation. There is no scientific guideline for measured level vs effect. That is my understanding.
Up next cops can’t use the smell of alcohol.
How can this be legal? You know, skunks operating a motor vehicle?
So they’re allowed under the law to drive under the influence now?
How stupid?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.