Ep #418 Searching a person based from smell of marijuana

Roadside Chat: Searching a person based from smell of marijuana

In this video, Anthony Bandiero answers the question: Can you search a person with smell/plain view/or other immediate probable cause during either a consensual encounter or investigative detention?

📌 Police officers had probable cause to search defendant's person, rather than merely defendant's vehicle, after smelling odor of burnt marihuana emanating from vehicle; car was small, enclosed area.
Jordan v. State, 394 S.W.3d 58 (Tex. App. 2012)

📌 Odor of marihuana alone is sufficient to constitute probable cause to search a defendant's person, vehicle, or objects within the vehicle.
Small v. State, 977 S.W.2d 771 (Tex. App. 1998)

📌 Evidence that accused had previously been convicted of possession of marihuana and that odor of marihuana emanated from automobile which accused was driving was sufficient to show that accused knew that marihuana found in pipe on his person and in cigarette butts found in ashtray of automobile was contraband.
Ross v. State, 486 S.W.2d 327 (Tex. Crim. App. 1972), overruled byWalters v. State, 359 S.W.3d 212 (Tex. Crim. App. 2011)

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