Politics & Government

Marijuana Odor Alone Is Not Reason Enough For Vehicles To Be Searched, Minnesota Supreme Court Affirms

The decision, filed Wednesday, was in relation to an appeal made by the state in a July 2021 case in Litchfield.

(WCCO)

September 14, 2023

MINNEAPOLIS — The Minnesota Supreme Court has affirmed that marijuana odor is not enough reason to search a vehicle under the automobile exception to the warrant requirement.

Find out what's happening in Across Minnesotafor free with the latest updates from Patch.

The decision, filed Wednesday, was in relation to an appeal made by the state in a July 2021 case in Litchfield. A man's vehicle was searched after the officer thought he smelled marijuana. The man was later charged with being in possession of methamphetamine paraphernalia after the search.

According to the court, the search was only justified by the alleged odor of marijuana coming from the vehicle. The evidence found in the search was suppressed and the man's charges were later dismissed after the district court determined the odor of marijuana alone was insufficient probable cause to search the vehicle.

Find out what's happening in Across Minnesotafor free with the latest updates from Patch.

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