Michigan Supreme Court Bans Warrantless Car Searches Based on Marijuana Odor

The Michigan Supreme Court has ruled that the smell of marijuana alone is not sufficient grounds for police to conduct a warrantless search of a vehicle, a significant shift from a 25-year precedent. In a 5-1 decision, the court determined that the odor does not necessarily indicate illegal activity, given that recreational marijuana use was legalized by voters in 2018. This ruling arose from a case involving a Detroit man, Jeffery Armstrong, whose firearm-related charges were dismissed due to the unconstitutional search of his vehicle based solely on the smell of marijuana. Justice Megan Cavanagh emphasized that the smell could indicate legal possession or recent use of marijuana, thus removing it as probable cause for searches. The decision aligns with similar rulings in other states, reflecting a broader trend towards recognizing legal marijuana use. However, the dissenting opinion called for further examination of any additional evidence that may justify a search.