Cuff 'N Stuff
The Internal Newsletter of the Wise County Sheriff's Department

SEARCH AND SEIZURE – “PLAIN SMELL” OF MARIJUANA PRODUCES PROBABLE CAUSE FOR SEARCH OF CAR’S TRUNK.

A deputy sheriff working as part of an organized crime narcotics task force saw a car being driven without brake lights or one tail light. The deputy stopped the car and approached the driver’s door.

As he approached, the officer smelled the odor of burnt marijuana. After asking the defendant and his passenger to step out of the vehicle, the officer checked their identities and for outstanding warrants before issuing a warning citation for defective lights.

The deputy then asked the defendant if he would consent to a search of the car, and the defendant agreed. No marijuana was found in the car’s interior, but the officer still smelled the odor.

As the deputy unlatched the car’s trunk, the defendant and passenger, who was the owner of the car, said they did not want the officer to look inside. At that point, the deputy called a drug detection dog to the scene, and the dog alerted on the trunk.

The officer opened and searched the trunk, finding marijuana in a zip-lock bag, and in a pair of pants. The defendant moved to suppress the evidence, claiming that the deputy lacked probable cause for the search. He argued that, once the citation was written, the purpose for the stop was concluded and any additional detention was unreasonable.

HOLDING: Police may search an automobile without first obtaining a warrant if probable cause exists to believe the car contains contraband or criminal evidence.

“Probable cause exists when the facts and circumstances, within the knowledge of the officer, would lead a person of reasonable caution and prudence to believe that an instrumentality of a crime or evidence will be found.”

The odor of burnt marijuana may provide probable cause to search a vehicle when smelled by a trained and experienced officer. The deputy in this case testified that he is trained to detect the odor of marijuana, and that he smelled it as he approached the car.

Further probable cause can be established by the reaction of a trained and certified narcotics dog. The dog in this case alerted twice on the trunk of the defendant’s car, establishing probable cause for a warrantless search of the vehicle.

The officer’s continued detention of the defendant following issuance of a citation was not unreasonable. Unlike a case in which an officer prolonged a traffic stop without further evidence of a crime being committed, the deputy here continued to smell marijuana after writing the warning citation.

Because the deputy had probable cause from smelling the burnt marijuana, as well as from the dog’s alert on the car, he was justified in searching the vehicle’s trunk without a warrant.

The man whispered, “God, speak to me.” And a meadowlark sang, but the man didn’t hear.

So the man yelled, “God speak to me!” And the thunder rolled across the sky, but the man did not listen.

The man looked around and said, “God, let me see you.” And a star shone brightly, but the man did not notice.

And the man shouted, “God, show me a miracle.” And a life was born, but the man did not know.

So, the man cried out in despair, “Touch me, God and let me know that you are here.” Whereupon, God reached down and touched the man. But the man brushed the butterfly away and walked on.

Don’t miss out on a blessing because it isn’t packaged the way you expect.

Contributed by Elaine Waddell