What is the probable cause for a warrantless search of a vehicle following the discovery of unburned marijuana?

California, United States of America


The following excerpt is from Kennedy v. Superior Court of Alameda Cnty., A140199 (Cal. App. 2014):

As explained in more detail below, we conclude that the odor of unburned marijuana provided probable cause for a warrantless search of the vehicle. Before addressing the legal support for this conclusion, we simply note that we are bound by the trial court's implied finding that Deputy Dalisay detected a very strong smell of marijuana emanating from the vehicle. Although petitioner seems to question whether the deputy could actually smell marijuana in light of the small amount that was recovered from the vehicle, the deputy's testimony constitutes substantial evidence supporting the implied finding. (See People v. Lenart, supra, 32 Cal.4th at p. 1119.)

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