FourthAmendment CriminalProcedure Privacy
Does the faint smell of marijuana in a car, alone, give local police probable cause to search the car for contraband under the Fourth Amendment?
Questions Presented for Review Probable cause requires facts and circumstances within an officer’s knowledge establishing a fair probability that contraband or evidence of a crime will be found in the particular place to be searched. Florida v. Harris, 568 U.S. 1050, 1055 (2013); Brinegar v. United States, 338 U.S. 160, 175-76, (1949); Carroll v. United States, 267 U.S. 132, 162 (1925). Ina state that has legalized recreational marijuana: I. Does the faint smell of marijuana in a car, alone, give local police probable cause to search the car for contraband under the Fourth Amendment? Il. Is the sniff of a K-9 trained to detect marijuana in a recreational-use state a search within the meaning of the Fourth Amendment requiring probable cause? i