The Minnesota Supreme Court recently ruled that the smell of marijuana alone is no longer enough to search someone’s car. FOX 9 Investigator Nathan O'Neal has the details.
Unfortunately It’s not a battle you’re likely to win. If there’s no evidence showing you consumed marijuana, or any other drug, then the case will be dropped. You’d still have to go through the sh!t show that is the court system and it would drag out for months. In order to win a settlement against the state, you would have to prove that there’s no way anyone smoked in the car. That would prove they had no probable cause. The only issue is, there’s almost no way to prove it. You’d basically need a camera in the car recording at all times. If you don’t have that, then just forget about it. Just be happy the charges were dropped.
A cop once accused me of smelling like weed. I told him I had 2 years' worth of weekly drug tests that would prove he was (at best) mistaken or (at worst) lying. I drove away without even a ticket.
Surely they can still look at these drivers and claim that they are high on marijuana and that will let them search the vehicle. They were never intended to be extended the benefits of the bill of rights.
This just happened to my son in Oklahoma. I have my medical license and left a pre roll in my vehicle on accident. My son was parked at a gas station talking to his friend. His friend had called the police because there were kids blocking the exit of the drive thru. After they spoke with my son’s friend about the incident they approached my son’s vehicle, which was parked next to her. My son was waiting on his friend. The lady officer recognized my son and the first thing she said is. You know you’re not supposed to be driving? She said this because he was stopped by them 2 months prior and only had his permit at the time. The case was thrown out because they didn’t file paperwork properly. My son had attained his license and was legal, he told her I have my license wdym? She then asked for his license and told him they were going to do a search of his vehicle because they claimed to smell marijuana. He denied consent and they continued They pulled him and his other friend , who was riding with him, out of the vehicle and searched. Found a pre roll of weed and wrote him several tickets. Including public intox even tho no field sobriety was done or test. They called me to come get him and denied him the ability to drive vehicle home. They told me I could pick up the marijuana from the station if I have my medical card. Which I do. We are going to fight it, because I feel like his rights were violated. There was no initial probable cause to even approach him and start asking him questions.
The way they always can smell marijuana or booze I think every cop needs to have hourly tests. It seems the smell follows them around and there is a reason.
@@metalman7393 if an officer smells alcohol on your breath during your traffic stop do you think he’s not searching your vehicle? You’re driving, impaired while high on marijuana endangering the lives of people on the road.
@@IzanReality or you aren't impaired (as with the man in literally this video we're on right now) and the cops are just using BS excuses to try and get their number of busts up. If police didn't abuse their power all the time then no one would question this stuff.
Should be like this nation wide. No i dont do drugs of any kinds, no i dont advocate of drug usage of any kind either. Im just a citizen of this Country tired of watching the Police abuse the system. Theres way to many "BAD APPLES" out there.
Weird, a public defender actually working? Wow, they usually work WITH the prosecutor and judge to get a favorable vote later in their careers to work WITH the judge on the county prosection team. And even though I have a previous charge, they've never pulled that "I smell marijuana" thing on me..... That might have to do with them knowing that I know every little law they have to follow and let them know constantly. Lol
@@kyletaylor3860good luck with that. Bet those numbers plummet. The odor is number 1 clue and life smell of alcohol beverage without it doubtful cop pursues it
Doesn’t matter. People are tired of being railroaded by loser cops regardless. Also, permits for firearms are unconstitutional. All the laws are made to make the police’s lives easier not the citizens.
Im so tired of hearing about “a smell”….Ive been smoking pot since 2003…. Every vehicle I have had smells like a bong on 4 wheels. I’m very grateful for Versace perfume. ❤ To those who live in states that are not down with the smell, keep a bottle of Dylan Turquoise by Versace in your car in your center console…..and you’ll never have to worry about this…never….ever….✔️💯
Because whites don't drive around being so apparent and blatant. I worked at a weed store. Blacks are so obvious it's crazy. Whites use a sneakatoke, blacks roll blunts hot boxing their car. Big difference
@@IzanReality I was referring to the point of allowing searches with the smell of marijuana. Seems only a certain race has issues with it after getting in trouble.
I find it disturbing that the defense attorney claimed that driving while on a "therapeutic" dose of opiates was permissible. People are dangerous enough on the highways, now it's okay to drive while high?
Either way it’s still The Usual Suspects. Professional Whiners and Victims. Scott Adams is right. Stay as far away from them as possible. One more reason? They are impaired. And it’s normal for them to be impaired.
Who would have thought...odor of marijuana and a person in possession of a weapon without a permit...say it isn't so. People who break the law and smoke marijuana (illegally) obviously don't care to obey that law so why would they obey any others? What is the percentage of searches conducted (from the odor of marijuana) that resulted in finding marijuana? Seems pretty clear to me that if you smell marijuana in the vehicle or on the person it should give you reasonable suspicion to believe that there is marijuana on them or in the vehicle which is ILLEGAL. Why with DWI arrests does the officer always puts "the odor of an alcoholic beverage was emitting from their breath or their person?" That's because it shows that the jury, judge and attorneys that you (the officer) smelled the odor of a substance giving you reasonable suspicion that they could be under the influence or or in possession of the substance. Yes, some officers I am sure have used "I smell marijuana" to get into your vehicle and that is absolutely wrong of them to do. How do you find those officers and hold them accountable? Changing the law isn't helping the good officers that are actually doing proactive police work and protecting the communities. As silly as it sounds marijuana is almost always involved with much harder drugs/guns and is so common now days that people don't even care if they get caught with it.
What about the states where its legal. By your account someone shouldn't be allowed to drive to a dispensery cuz then they would be putting marijuana in their car which is illegal. Give me a break. I get it things are scary to you so you want to give up your rights for a little extra safety but the rest of us are adults that deal with shit and don't need the government to babysit us.
you have no clue, marijuana is LEGAL in Minnesota, and how old are you? your reefer madness warning is so dated and has been debunked for years, it is not a gateway drug
