Probable Cause and Medical Marijuana Use: A Legal Conundrum for Vehicle Searches
Aug 27, 2014
Lakeland, FL (Law Firm Newswire) August 27, 2014 – There are exceptions to police warrant requirements. In some cases, officers can search a person or his or her personal property without a warrant.
“The most common exception allows a vehicle search with probable cause. The main question here is, what kind of facts may lead to probable cause for a search for legal possession of medical cannabis?” said Thomas C. Grajek, a Lakeland criminal defense attorney. “States that have legalized some forms of marijuana possession and/or use are trying to determine when the possession of cannabis triggers probable cause for a search, and the question is becoming more difficult.”
“Probable cause” is a set of circumstances and facts that exist where there is a significant chance that an object or person to be searched is concealing evidence of a crime or other goods prohibited by law. Put another way, probable cause comes into place when law enforcement reasonably expects to find something illegal. For an automobile, the police do not require a warrant if there is good reason to believe there is something illegal in it.
Before some states legalized the use/possession of medical marijuana, if an officer smelled or saw evidence pointing to the use/possession of marijuana, a search was reasonable. Now that medical marijuana is permissible in some states, determinations are far more complex. “However, most medical marijuana statutes only allow users to carry a small quantity. If a person has too much, a medical card would not prevent prosecution,” added Grajek.
Does any evidence of marijuana still trigger probable cause? It might. And according to a California court, a valid card does not erase probable cause for a search already underway.
In People v. Waxler, police approached the defendant’s car. An officer smelled marijuana and saw a cannabis pipe on the front seat. On searching, other drugs were discovered. The defendant then produced his card. At trial, it was suggested the search was questionable because the card was produced, nullifying grounds for a search. While the man’s card did entitle him to carry a small amount of marijuana, there were still grounds to search to find out if the defendant had more drug in his possession than allowed by law as defined by his card. “In other words, the medical marijuana card could be used as a defense at trial, but it could not be used as a bar against search/arrest,” explained Grajek.
Will the increasingly commonplace use of marijuana for medical and recreational purposes in states where it is legal cease to offer probable cause to search, absent other mitigating factors?
Learn more at http://www.flcrimedefense.com/
Thomas C. Grajek
206 Easton Drive, Suite 102
Lakeland, FL 33803
Phone: 863.688.4606
- What Does the Crime of Involuntary Manslaughter Involve?
Involuntary manslaughter can defined in several different ways, depending on the circumstances of a case. While involuntary manslaughter may, of course, be involuntary, it may also include a deliberate act. In some situations resulting in a death, the death was an accident or a caused by a careless individual. However, even in circumstances where a deliberate act caused a death, the charge of involuntary manslaughter may still apply. Involuntary manslaughter may be the end result of a failure to carry out a legal duty specifically required to protect a human life or from the commission of an illegal act that […] - Marijuana Possession, Use and Sale Remain Federally Illegal, Though Enforcement Is Spotty
Each state has its own marijuana laws. If you are arrested, you need to know which laws are applicable to your case. In 2012, Washington and Colorado became the first two states to legalize, regulate and tax recreational possession of cannabis. The laws in those states permit a person 21 years of age to buy up to one ounce of the drug at authorized storefronts. These existing laws are close cousins to laws regulating the use of alcohol and nicotine: smokers may not smoke in public, employees may not work under the influence and states may have blood test limits […] - Tampa firefighter suspended after alleged 3rd DUI arrest this past weekend. Potential penalties include jail, 10 year driver’s license suspension, and a felony conviction.
Over the weekend, a Tampa Fire Rescue firefighter was arrested for DUI in Holiday, Pasco County. This was allegedly his 3rd DUI arrest with priors in 2001 and 2012. If that is true, if convicted of DUI, there would be a 10 year driver’s license suspension as part of his sentence. Three (3) DUI convictions within 10 years results in a mandatory 10 year suspension. He will likely face jail time if convicted or part of a plea. THE ARRESTED FIREMAN REFUSED TO PROVIDE A BREATH SAMPLE!!! Why do I stress the fact that he refused the breath test? Because […]
