Michigan’s Highest Court Rules Police Need Warrant to Search Cars Based on Marijuana Odor
In a landmark decision, the Michigan Supreme Court has ruled that the smell of marijuana alone is not sufficient grounds for police to search a vehicle without a warrant. The court’s 5-1 opinion, released on Wednesday, stems from a 2020 case in Detroit where a man’s car was searched and he was charged with gun offenses.
The court’s majority opinion, written by Justice Megan Cavanagh, states that the smell of marijuana is no longer a reliable indicator of criminal activity. “The smell of marijuana might just as easily indicate that the person is in possession of a legal amount of marijuana, has recently used it legally, or was simply in the presence of someone else who used it,” Cavanagh wrote.
This ruling aligns with a similar decision made by the Illinois Supreme Court last September, which also legalized marijuana possession in 2019. Justice P. Scott Neville Jr. noted that there are now many situations where cannabis can be used and possessed legally, and the smell resulting from this use is not indicative of a criminal offense.
The lone dissenter, Justice Brian Zahra, argued that the case should be sent back to the lower court to determine if there was any other evidence that supported the police search.
This ruling has significant implications for individuals in Michigan who may be stopped by police and subjected to a search based solely on the smell of marijuana. It also underscores the importance of upholding the state’s marijuana legalization laws, which were approved by voters in 2018.
