Why it matters: The Wisconsin Supreme Court has ruled that the scent of cannabis alone constitutes probable cause for a search by police, despite the legalization of other products such as hemp that have similar odours.
What they are saying: The conservative majority of the court ruled in a 4-3 decision that police officers in Marshfield, Wisconsin, had enough probable cause to search a defendant after detecting the smell of cannabis in the car he was driving and declined to exclude evidence discovered during the warrantless search.
The big picture: The ruling overturns two lower court rulings that found the evidence gained in the search was inadmissible because officers could not be certain if they smelled marijuana, which is still illegal under Wisconsin state law, and hemp, an agricultural crop that was legalised by the federal government with the 2018 Farm Bill.
What to watch: After the Supreme Court ruling Moore’s attorney, Joshua Hargrove, warned that the decision could allow law enforcement offices to justify searches based on unreliable conclusions without being held accountable in court.
My take: It is concerning that the smell of cannabis alone can be used to justify a search, as it is difficult for officers to differentiate the ingredients of the odour. This may lead to more arrests based on unreliable conclusions, as Moore’s attorney highlighted. This case highlights the need for clearer guidelines for police officers and for the law to reflect the evolving nature of the cannabis industry.
