Many Californians appreciate the freedom of movement, whether they are cruising along the Pacific Coast Highway or negotiating the busy streets of Los Angeles. However, what should you do if you are stopped by the police and the officer says that they smell marijuana? Is it possible that this will result in a search of your vehicle?
Proposition 64 (Prop 64), which was passed in 2016, legalized recreational marijuana in California. This had a huge impact on law enforcement procedures. Even though adults are now allowed to have and use recreational marijuana, the laws around car searches are still complicated. This article discusses the complexities of police searches in California that are based on the smell of marijuana. It examines the present legal situation, exceptions to the rules, and your rights as a citizen.
Understanding Proposition 64 and Its Effects on Vehicle Searches
Before Proposition 64 was passed, the smell of marijuana was enough to give police probable cause to search a car in California. This originated from the “automobile exception,” which is an exception to the Fourth Amendment’s requirement for a warrant. On the other hand, Proposition 64’s legalization of recreational marijuana use for adults over the age of 21 raised questions about whether it is reasonable to search someone just because they smell like marijuana.
The Landscape After Proposition 64: A Balancing Act
California courts have struggled to find a balance between the right to privacy and law enforcement’s authority to undertake legitimate searches. The contemporary legal landscape has been shaped by a number of important court rulings:
- In the landmark decisions of People v. Johnson (2020) and People v. Hall (2020), it was determined that the mere scent or sight of a small amount of marijuana, particularly if it is in a sealed container, did not provide sufficient grounds for a vehicle search. This provides legal protection for adults who have recreational marijuana.
- People v. Castro (2022): This decision explains the exception that applies to people who are younger than 21. Because it is illegal for children to possess any amount of marijuana, the smell of smoked marijuana can be a reasonable justification for searching a vehicle that has people inside who are under the age of 21.
Other Factors That May Establish Probable Cause Beyond the Smell of Marijuana
Even though the smell of marijuana alone may not always be enough to warrant a search, when paired with other elements, it might be considered probable cause. These are:
- Open container of marijuana: If an officer sees an open container of marijuana that is ready to be consumed inside the car, it increases the officer’s suspicion that illicit conduct is taking place.
- symptoms of intoxication: If the officer sees symptoms that the driver is under the influence of marijuana (DUI), this can give them probable cause to search the driver for proof of impairment.
- Mixture laws: California has open container rules that apply to marijuana. If the officer believes that there is a combination of alcohol and marijuana, this may provide a reason to seek for more evidence.
- Plain view: If illegal narcotics or paraphernalia are clearly visible inside the car, it comes under the “plain view” theory, which means that they can be taken without a warrant.
Important Things to Think About and Understanding Your Rights
It is important to know your rights as a Californian when you are stopped by the police, even though the laws are always changing. Here are a few important things to keep in mind:
- Be kind and willing to help, but only agree to a search if you feel completely at ease. You have the right to say no to a search if there is no warrant.
- If you decide to decline a search, do so in a respectful manner and ask the officer to end the interaction.
- Do not fight back or dispute. Stay calm and do not say anything that could be used against you.
- If you think that your rights have been infringed, write down the specifics of the incident and get in touch with a lawyer who specializes in search and seizure legislation.
Final Thoughts
In California, whether or not police searches based on the scent of marijuana are permissible depends on the exact situation. Although Proposition 64 provides some protection for adults who possess legal amounts of marijuana, the inclusion of other elements or situations involving kids can greatly change the situation.
When you are aware of your rights and have a good awareness of the current legal landscape, you will be able to handle traffic stops with confidence. If you are uncertain, politely decline to search and seek legal advice if needed. It is essential to keep aware and to use your rights in order to safeguard your privacy when driving on California’s highways.
Can California Police Search Your Vehicle If They Smell Marijuana? Website