[Maceman]

I support the legalization of marijuana, and also support limiting cops' ability to search our vehicles.

But even so, since marijuana IS illegal, I don't really see how its tell-tale odor doesn't qualify as probable cause for a search.

[Squawk 8888]

I don't really see how its tell-tale odor doesn't qualify as probable cause for a search.

You mean besides the fact that an odour detectable outside a home is more likely to be coming from outside than in? Letting it stand would just give the cops a wonderful tool to go on fishing expeditions.

[Looking for Diogenes]

But even so, since marijuana IS illegal, I don't really see how its tell-tale odor doesn't qualify as probable cause for a search.

The court didn't say that marijuana odor was insufficient for probable cause for a search, only that it was insufficient for a warrentless search.

"The odor of marijuana, standing alone, does not authorize a warrantless search and seizure in a home," wrote Judge Charles Holcomb in a 6-3 opinion.