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OR: Rule that possession of an ounce or less of marijuana does not support a SI does not apply to automobile exception

By John Wesley Hall, Jr.

Likely possession of marijuana in a backpack in a car justified its search under the automobile exception. The fact that there might have been less than an ounce was not determinative as to application of the automobile exception. State v. Smalley, 2010 Ore. App. LEXIS 21 (January 20, 2010): According to defendant, Bingman stands for the proposition that, first, the automobile exception requires probable cause to believe that a crime, not a mere violation, has occurred, and second, that a strong odor cannot by itself form the basis for an objectively reasonable belief that an automobile contains more than an ounce of marijuana. Additional evidence is necessary, defendant contends, and, in the present case, there is nothing beyond odor. We reject defendant's argument...continue to full post

Full post as published by Fourth Amendment on January 24, 2010 (boomark / email).