Any marijuana in your car? Negative answer leads to valid search.
On February 13, 2020, the Court of Appeals ruled that the smell of marijuana, even in light of a driver's possession of a valid medical marijuana card, can give rise to probable cause to search a lawfully stopped vehicle. Provided, however, some additional suspicious fact gives rise to reasonably believe that driver may be possessing marijuana outside of the restrictions imposed by the MMMA. In People v Moorman, Docket No. 349282 (2/13/2020) , the defendant was stopped for speeding in Alger County. Upon approaching the car, the state trooper smelled the strong odor of "a good quantity" of fresh marijuana. He asked Moorman if he had any marijuana in the vehicle, and Moorman said that he did not, though he had harvested marijuana earlier that day. He then produced his caregiver card and told the trooper that he was a caregiver for five patients. Nonetheless, the trooper searched the vehicle because simply, in his mind, he had noted the "odor of ma...