When a state has decriminalized marijuana possession and use, does evidence of marijuana use inside a car—combined with nonspecific indications that the car's occupant may be engaging in other criminal conduct— create probable cause for a warrantless vehicle search?

QUESTION PRESENTED FOR REVIEW In 2016, California legalized the possession, transportation, and use of up to 28.5 grams of marijuana through the passage of Proposition 64. Several California courts have since held that evidence of marijuana use inside a car fails to constitute probable cause for a vehicle search, even when combined with circumstances suggesting other illegal conduct. The Ninth Circuit contradicted that approach in this case by holding the smell of marijuana coming from a parked van did constitute probable cause for a vehicle search when combined with suggestions of other illegal conduct. The question presented by these conflicting decisions is: When a state has decriminalized marijuana possession and use, does evidence of marijuana use inside a car—combined with nonspecific indications that the car’s occupant may be engaging in other criminal conduct— create probable cause for a warrantless vehicle search? i Statement of