By: Jeff Mudd
Article: http://blog.norml.org/2016/02/12/legalizing-marijuana-and-your-4th-amendment-protections/
The Fourth Amendment provides protections against unreasonable searches by law enforcement, but in many states where marijuana remains illegal, courts have consistently held that the smell of marijuana is sufficient probable cause to justify a warrantless search by law enforcement, or at least obtain a warrant without anything further. For example, an officer conducting a routine traffic stop may search the center console of the car if he purports to smell the requisite plant. The above article, written by NORML, a nonprofit working to liberalize marijuana-related issues, explores how Fourth Amendment jurisprudence will change when more states legalize marijuana use for medicinal and/or recreational use.
The Article criticizes law enforcement practice of lying about the smell of marijuana to conduct a further search. This raises issues related to profiling and arbitrary searches based on an officer’s often unfounded belief that more serious crime is afoot. The recent media attention given to the origins of the war on drugs corroborates these concerns. See Tom Lobianco, Aide Says Nixon’s war on drugs targeted blacks, hippies, CNN Politics (last visited March 30, 2016), http://www.cnn.com/2016/03/23/politics/john-ehrlichman-richard-nixon-drug-war-blacks-hippie/. The good news is that as more states legalize marijuana, this collateral abuse of Fourth Amendment doctrine will subside.
Jeff Mudd