Ohio DUI Law: Is Smell of Marijuana Sufficient?
Marijuana Is the odor of enough to justify a police search or arrest and can an officer make a valid determination based on just a smell?
A peer-reviewed journal article, entitled “Marijuana Odor Perception: Studies Modeled From Probable Cause Cases”, published in Law and Human Behavior, (Vol. 28, No. 2, April 2004) explains that “The present findings throw into question, in two specific instances, the validity of observations made by law enforcement officers using the sense of smell to discern the presence of the drug.
Although these instances reflect a very small set of studies with very specific constraints, they do suggest that a blanket acceptance of testimony based upon reported detection of odors for probable cause is questionable and that empirical data to support or refute such testimony in specific cases is sorely needed.”
There is a saying that “even a stopped watch is right twice a day,” so if officers claim that they “smell marijuana” and then find nothing, the driver, passenger or pedestrian is often sent on their way. We rarely hear about all of the “false positives” of the police “smell test.” But there is growing evidence that police often simply say that they have detected the smell of marijuana, and if some is found, it is merely a happy coincidence for them.
So what can you do if a cop tells you they suspect that you are using marijuana based on an odor? Unfortunately, courts have ruled time and time again that this unscientific measure is valid to provide the officer in question with “probable cause.” But your best bet is still to say that while you have nothing to hide, you do not consent to any searches of your person or vehicle.
Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671. You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog. You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.
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For more info on Ohio Marijuana Driving Law, check these city-specific sites at the following links: