Telltale Smell Upheld as Justification for Warrantless Search

Amy Burchfield, Access & Faculty Services Librarian amy.burchfield@law.csuohio.edu | July 29, 2008 - 13:57

Today, the Sixth Circuit upheld a decision from the Ohio Northern District denying an appeal to suppress evidence obtained from a warrantless search conducted by a police officer who smelled marijuana and saw a partially smoked marijuana cigarette in plain view in a vehicle during a traffic stop. In U.S. v. Crumb (No. 08-3207), the Sixth Circuit stated that the officer had probable cause to conduct a lawful search of the vehicle without a warrant. The search incidentally turned up more marijuana, crack cocaine, Ecstacy pills, and a semi-automatic weapon in the defendant’s car.