LANSING, MI (WTVB) – The Michigan Supreme Court has ruled that the odor of marijuana, by itself, is insufficient to establish probable cause for a warrantless search of a vehicle.
In a 5-2 decision, the court held that police cannot rely solely on the smell of cannabis to justify searches under the automobile exception to the warrant requirement.
The ruling reflects the impact of Michigan’s 2018 voter-approved legalization of recreational marijuana for adults 21 and older. The decision stems from cases including People v. Armstrong and another involving a traffic stop, where officers detected marijuana odor and later found contraband such as a firearm.
The court emphasized that probable cause must be based on the totality of circumstances and a reasonable likelihood of discovering evidence of a crime, not merely a civil infraction.
Evidence suggesting only a low-level marijuana violation, including odor, does not meet the constitutional threshold for a warrantless search.
Legal observers say the ruling strengthens protections against unreasonable searches in the post-legalization era and may require officers to identify additional indicators of criminal activity before searching vehicles.
The decision overrides prior precedent that treated marijuana odor as sufficient probable cause.
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