So, if my understanding is correct, the reason why the Nice I Smell Hippies Shirt odor of marijuana cannot be used as probable cause to search a vehicle in Maryland is that the State decriminalized marijuana under a certain amount. There’s no way for an officer to determine whether or not the odor is caused by a legal or illegal amount of marijuana. Searching a vehicle and finding a legal amount of marijuana would, therefore, result in an illegal search. Yeah? And it could be hemp flower, not even marijuana. Same odor, not illegal in most places.
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That isn’t what the article says. The court ruled that an officer Nice I Smell Hippies Shirt can not perform an arrest, and search incident to an arrest based on the smell of marijuana. A search incident to an arrest is a detailed search of a person to inventory everything they have before taking them to jail. The article clearly states that the court still allows for the search of the vehicle based on smell alone. The officer of course can still do a brief pat-down of the person to make sure they don’t have weapons on them, and still, find weed in your pocket while doing so. They just can’t do the more intrusive search incident to arrest. This isn’t surprising because the mere smell of marijuana should never have led to an arrest, only the actual presence of marijuana.
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