A warrantless search of a car or truck in Tennessee is usually prohibited , however there are exceptions to this rule. If a police officer can demonstrate probable cause that a car might contain marijuana , a police officer can search a car or truck. The big question is whether the smell of marijuana is enough to justify a search of a car in Tennessee.
Tennessee Courts have upheld a warrantless search of a car based on the smell of marijuana alone. One question is it the smell of raw marijuana or burnt marijuana . Does the smell of marijuana limit the search to the interior of the car ?
Using the smell of marijuana should always be contested in a automobile search. One can test the officer in several ways;
- What was his training in the odor of marijuana ?
- What was his experience ?
- Was there any other evidence of marijuana use found ?
Time and time again I see that there is no evidence recovered of burnt marijuana after the traffic stop. How do you combat the officer’s testimony ? Get an independent witness to smell the car.. The Fourth Amendment is constantly being eroded and the smell is enough to search a car.