Robinson v. State - 451 Md. 94, 152 A.3d 661 (2017)

Rule:

In Carroll, the Supreme Court concluded that ability to search does not depend on the suspected offense being an offense for which arrest is authorized. The Maryland Court of Appeals concludes that the odor of marijuana provides probable cause to search a vehicle. Marijuana in any amount, no matter how small, is contraband; accordingly, the odor of marijuana constitutes probable cause to search a vehicle. In other words, for purposes of probable cause, there is no distinction between the significance of a criminal amount of marijuana versus the significance of a noncriminal - but still illegal - amount of marijuana. It is effectively impossible for law enforcement officers to identify a quantity of marijuana based on odor alone. Requiring that law enforcement officers detect a strong or overwhelming odor of marijuana to have probable cause to conduct a warrantless search a vehicle would serve no useful purpose.

Facts:

In 2014, Maryland decriminalized, but not legalized, the possession of small amounts of marijuana. As of October 1, 2014, the possession of less than ten grams of marijuana became a civil offense under Maryland law. Petitioners contended that due to the decriminalization of possession of less than ten grams of marijuana, a law enforcement officer no longer has probable cause to search a vehicle where the law enforcement officer detected an odor of marijuana emanating from the vehicle. In separate cases, each Petitioner moved to suppress evidence that had been found in a vehicle that he had been driving or had possession of. In each case, at a hearing on the motion to suppress, a law enforcement officer testified that either a strong odor or an overwhelming odor of fresh marijuana was emanating from the car that the Petitioner had been using. In each case, the circuit court denied the motion to suppress, and each Petitioner was convicted of possession of at least ten grams of marijuana under the amended statute. Petitioners appealed, and, in each case, the Court of Special Appeals affirmed the circuit court's judgment in an unreported opinion. Petitioners separately filed petitions for writs of certiorari, which the Court granted. 

Issue:

In light of the decriminalization of possession of less than ten grams of marijuana, would a law enforcement officer still have probable cause to search a vehicle upon detecting an odor of marijuana emanating from the vehicle? 

Answer:

Yes.

Conclusion:

The Court held that a law enforcement officer still has probable cause to search a vehicle, where the law enforcement officer detected an odor of marijuana emanating from the vehicle, as marijuana in any amount remained contraband, notwithstanding the decriminalization of possession of less than ten grams of marijuana. According to the Court, despite the decriminalization of possession of less than 10 grams of marijuana, the odor of marijuana remained evidence of a crime. The odor of marijuana emanating from a vehicle may be just as indicative of crimes such as the possession of more than 10 grams of marijuana, possession of marijuana with the intent to distribute, or the operation of a vehicle under the influence of a controlled dangerous substance, as it was of possession of less than 10 grams of marijuana; thus, the odor of marijuana emanating from a vehicle provided probable cause to believe that the vehicle contained evidence of a crime, and a law enforcement officer may search the vehicle under such circumstances. In the cases before the Court, there was probable cause to search petitioners' vehicles, such that suppression was properly denied, as law enforcement officers detected odors of marijuana coming from the vehicles that petitioners had been driving or were in possession of.