Earlier this year, a state appellate court issued an opinion in a Michigan gun case in which the defendant challenged the officer’s search of his vehicle. Ultimately, the court concluded that the search was permissible based on the fact that the officer noticed a strong smell of marijuana, even though the defendant had a valid medical marijuana card.
The Facts of the Case
According to the court’s opinion, a police officer stopped the defendant for speeding. When the officer approached the defendant’s car, he noticed a strong odor of fresh marijuana, indicating to the officer that there was a “good quantity” of marijuana in the vehicle.
Initially, the defendant denied having marijuana. However, after further conversation, the defendant admitted that he had harvested marijuana earlier that day. The defendant claimed to have a medical marijuana caregiver card, but the officer testified he could not recall if the defendant provided the card at the time. The officer was able to confirm that the defendant had a medical marijuana caregiver card.