What did the judge say about police smelling marijuana?

What did the judge say about police smelling marijuana?

But in late July, a judge in the Bronx said in a scathing opinion that officers claim to smell marijuana so often that it strains credulity, and she called on judges across the state to stop letting police officers get away with lying about it.

Who was the officer who found marijuana in his car?

A plainclothes officer, Daniel Nunez, testified that “he noticed a strong odor of burning marijuana” while approaching the vehicle, according to the decision. Officer Nunez testified that he observed three small bags of marijuana perched atop the center console — which the police photographed, according to the decision.

Can a police officer search a car that smells like pot?

The Judge Called Them Liars. Courts in New York have long ruled that if a car smells like pot, the police can search it. But now, a backlash is mounting.

Can a smell of marijuana cause an arrest?

The arrests have since plummeted, but the presence of a marijuana odor — real or purported — still serves as a justification to detain people and search them, sometimes leading to the discovery of more serious contraband, including guns, police officers and lawyers say.

What happens if the police say they smell marijuana?

What if police say they smell marijuana? If the police say they smell marijuana coming from your vehicle, you’re in a tough situation. Courts have ruled that the odor of contraband gives officers probable cause to perform a search. For this reason, police are quick to claim that they smell something, and sometimes they might even lie about it.

What to do if police say they smell something?

Courts have ruled that the odor of contraband gives officers probable cause to perform a search. For this reason, police are quick to claim that they smell something, and sometimes they might even lie about it. All you can really do is say, “Officer, I have nothing to hide, but I don’t consent to any searches.”

Is it legal for police to search marijuana?

“An area of law that once seemed untouchable has now been challenged,” Matt explains, citing that this is a time when marijuana is increasingly becoming decriminalized, and it’s leaving states and jurisdictions alike in need of a universal resolution. Matt offers two distinct solutions.

Can a police officer use the odor plus standard?

This underlines how the use of plain smell encourages officers to use the law “in order to justify profiling,” Matt wrote. Matt’s “odor-plus standard” adds other factors that need to be present in order to justify probable cause for a warrantless search. Evidence of large amounts of cash in the individual’s possession.