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VT: Odor of marijuana is probable cause, but it has to be directed to a particular person

By John Wesley Hall, Jr.

Odor of marijuana is probable cause, but it has to be directed to a particular person. State v. Guzman, 2008 VT 116, 2008 Vt. LEXIS 97 (August 22, 2008): We agree that the odor of marijuana, detected by a trained and experienced police officer, can provide a reasonable basis to believe that marijuana is present. We also agree that the odor alone may not always be sufficient to arrest an individual. The facts of this case, however, fall well within the reasonable standard enunciated by the Wisconsin Supreme Court: the odor of a controlled substance may provide probable cause to arrest when the odor is unmistakable and may be linked to a specific person or persons because of the particular circumstances in which it is discovered or because other evidence at the scene or elsewhere links the odor to the person or persons...continue to full post

Full post as published by Fourth Amendment on September 01, 2008 (boomark / email).