Police across the country continue to pull drivers over for one reason, then choose to search their vehicle for an entirely different reason—if it smells like pot. But it isn’t holding up in court as justification for probable cause. A Minnesota Supreme Court ruling, one of several ruling affirming the decision, suggests police in the state will be barred from citing cannabis odor alone as reason to search a vehicle.
The 5-2 decision in State v. Torgerson rules that cannabis odor is insufficient to constitute probable cause for police officers to conduct a warrantless search of a vehicle. The 26-page opinion was written by Justice Anne McKeig and explained the reasons why odor cannot constitute probable cause.
In Litchfield, Minnesota in July, 2021, Adam Lloyd Torgerson was driving a car that had a light bar on its grill with more lights than are permitted under state law. A cop saw his car and determined that Torgerson might have an equipment violation. Police say the vehicle’s grill had more auxiliary driving lights than are permitted under Minnesota law under an obscure rule.
The officer pulled him over and said he smelled pot, asking Torgerson if there was any reason for the odor. Torgerson said there was not. A second officer arrived and was alerted about the smell. He agreed.
A subsequent search found meth and drug paraphernalia, and Torgerson was arrested and charged. While Torgerson happened to be in possession of meth and a pipe. The first officer searched the vehicle and found a film canister, three pipes, and a small plastic bag in the center console. The plastic bag contained a white powder and the film canister contained meth, which was confirmed in a field test. But the officers failed to gather enough probable cause in order to …
Read More
Author: Benjamin M. Adams / High Times
