People v. Stribling

The circuit court granted a motion to suppress evidence and the State filed a certificate of impairment, arguing that recreational legalization of marijuana did not change the rule that the odor of burnt cannabis provides probable cause for officers to search a vehicle. The appellate court affirmed, finding that under the circumstances of the case the smell of burnt cannabis alone, coupled with a statement that someone had previously smoked marijuana in the vehicle, did not provide the officer with probable cause to search the vehicle. (HETTEL and PETERSON, concurring)