DeutschHello dear readers! There is exciting news from Minnesota that I want to share with you.
Main decision
In St. Paul, Minnesota, the state Supreme Court ruled last week that the odour of marijuana emanating from a vehicle is not a sufficient basis for a police search without a warrant. This is an important step, as it strengthens citizens’ rights and sets clear limits on police powers.
Background and context
The majority of the court confirmed two judgements of the lower courts. The judges held that the mere odour of cannabis could not be considered probable cause of a crime because state law allows possession and use under certain circumstances. For context: Minnesota already legalised medicinal cannabis in 2014 and allowed the possession of certain hemp-derived intoxicating products in 2022. This year, the possession of marijuana was also legalised for adults.
The opinion of the majority
The majority argued, “The State is essentially asking us to establish a clear rule by holding that the odour of marijuana emanating from a vehicle, standing alone, always provides the requisite probable cause for a search. However, our case law to date shows that we have avoided clear rules regarding probable cause, and we have never held that the odour of marijuana (or any other substance) alone is sufficient to create the requisite probable cause for a vehicle search.”
Comparison with other states
This decision is in line with similar rulings in other states, including Delaware and Pennsylvania. Some states, such as Connecticut and Virginia, have even passed laws that explicitly prohibit police from searching vehicles based on the smell of cannabis alone.
Final thoughts
This decision is a further step towards clearer case law and better protection of civil rights. It will be interesting to see how other countries react to this decision and whether they will pass similar laws or judgements.
What do you think about this decision? Do you think it will have an impact on other countries? Share your thoughts with us!