People v. Molina

This consolidated case presents question as to whether trial court properly granted defendants’ motion to suppress cannabis that was seized from his vehicle, under circumstances where arresting officers indicated that there was probable cause to search said vehicles based upon odor of burnt cannabis emitting from said vehicles. Appellate Court, in reversing dismissal of defendant’s charge of unlawful possession of marijuana by passenger in vehicle, agreed with State that odor of cannabis alone can establish probable cause to search vehicle and further noted that officer who smells cannabis in vehicle is almost certain to discover violation of Vehicle Code, which requires that cannabis be stored in sealed and odor-proof container.  Appellate Court in People v Redmond, No. 129201, held that odor of burnt cannabis emitting from vehicle was insufficient to support finding of probable cause to search vehicle