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CA8: Smell of marijuana on person justified search of person for marijuana under Fourth Amendment

By John Wesley Hall, Jr.

The officer approached the defendant to talk to him, and the officer could smell marijuana on the defendant’s person. That justified a search of the person, and, for Fourth Amendment purposes, it did not matter whether it was for an infraction or a misdemeanor. State law did not matter under the Fourth Amendment. United States v. Perdoma, 2010 U.S. App. LEXIS 19066 (8th Cir. September 13, 2010): Whether the offense was an infraction or a misdemeanor is irrelevant, however, because “‘if an arrest is otherwise reasonable, the fact that it is not for an “arrestable” offense [under state law] does not make it unconstitutional.’” See United States v. Burtton, 599 F.3d 823, 830 (8th Cir. 2010) (quoting Thomas v...continue to full post

Full post as published by Fourth Amendment on September 15, 2010 (boomark / email).