The court said a state police search of a vehicle in Allentown three years ago was conducted only because the troopers smelled marijuana.
“The odor of marijuana alone does not amount to probable cause to conduct a warrantless search of the vehicle but, rather, may be considered as a factor in examining the totality of the circumstances,” wrote Chief Justice Max Baer for the majority.
Police found a plastic bag with less than 1 gram of marijuana next to the front center console, with no markings that would have indicated it was purchased from a dispensary. They also recovered a loaded handgun from beneath the driver’s seat.The trial court ruled the search unconstitutional and said the evidence it produced was not able to be used in court, and dismissed the charge of possession of a small amount of marijuana.
The Supreme Court majority said there was sufficient grounds to support the trial judge’s determination that the troopers searched the vehicle based solely on the smell. The majority reinstated the order suppressing the evidence.
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