Marijuana Odor and Police Searches

Odor of Marijuana alone is not enough to search a vehicle

On September 13, 2023, the Minnesota Supreme Court held in State v. Torgerson that marijuana odor alone is not enough to search a vehicle. Torgerson was stopped by law enforcement for a traffic violation. Upon approaching the vehicle, one of the officers smelled marijuana, but Torgerson and his wife denied possessing marijuana. Law enforcement searched the vehicle and discovered controlled substances. Torgerson filed a motion to suppress on the basis that the odor of marijuana alone does not allow law enforcement to search a vehicle. The motion was granted and subsequently affirmed by both the Minnesota Court of Appeals and the Minnesota Supreme Court. The Minnesota Supreme Court held that police cannot search a vehicle solely based on smelling marijuana.

When can the police search my vehicle?

Law enforcement can search your vehicle during a traffic stop if they have probable cause to believe it contains evidence of a crime, or if you consent to the search. They do not need a search warrant in these circumstances. Probable cause is based upon all the circumstances available to the officers at the time of the search. In other words, if they observe a combination of behaviors or items that tend to show that your vehicle contains evidence of a crime, they can conduct a search.

If the police ask to search my vehicle, do I have to comply?

Absolutely not. In fact, you should never consent to a search of your vehicle. Simply tell the officer that you are not consenting to a search of your vehicle. If the officer has probable cause to search, they will search the vehicle anyway. If they do not, they cannot legally search your vehicle. However, if law enforcement tells you that they are going to search your vehicle, do not fight with them. Just remind them that you’re not consenting and get out of the way. You will need to fight the basis for the search in court.

What should I do if the police illegally searched my vehicle?

As stated above, you will need to fight the illegal search in court. Your best option is to hire an experienced criminal defense attorney to handle your case. An experienced criminal defense attorney will be able to file motions on your behalf to have all evidence suppressed after the illegal search. If the motions are successful, your entire case could be dismissed for lack of evidence.

If you believe you have been a victim of an illegal search, our law office can help. We have had numerous cases thrown out of court after law enforcement had engaged in an illegal search. We will listen to your story and provide a comprehensive consultation at no charge.

Call Sieben & Cotter at 651-455-1555 or send a request to arrange your free and comprehensive consultation.