the cop searched my backpack in my buddy’s car but i didn’t do anything wrong

A police officer saw a man leaning into the open front passenger door of a vehicle. The vehicle was in a high-crime neighborhood. When the officer parked behind the vehicle, the man walked away. The officer went up to the driver’s side and spoke with the driver. The officer noticed a strong smell of fresh marijuana from the vehicle. The officer asked about the smell and the driver said there had been marijuana in a jar in the car but had recently smoked it. The driver showed the officer the jar. When asked whether there was anything illegal in the vehicle, the driver said “not that I know of.” The officer asked the driver about a backpack on the front passenger floorboard. Driver said his friend had left it there.

Based on his observations, both sight and smell, the officer decided to search the vehicle to determine if it contained an unlawful amount of marijuana. When the officer picked up the backpack, defendant returned to tell him it belonged to him. The officer told defendant he had probable cause to search and was going to search the backpack. Defendant said that the search didn’t have anything to do with him and he did not want the backpack searched. The officer asked defendant his name, defendant responded, “are you serious?” and walked away, entering into the passenger seat of a parked Mercedes, which then drove away.

Officer searched the backpack and found 1/4 pound marijuana, a .40-caliber handgun, scales, and packaging materials, as well as a cell phone and a wired charger for an ankle monitor. Police caught up with the defendant soon thereafter. Charged with possession for sales of marijuana and felon in possession of a firearm, plus priors, defendant pleaded to 5 years prison for the gun and priors, and the possession for sales charge was dismissed,

The question is: Did the officer have probable cause to search?

Well, in this case, the appellate court found there was sufficient probable cause for the search. Even though it is legal to possess up to 28.5 grams, the possession of marijuana is highly regulated. Even a lawful amount when coupled with other factors may contribute to an officer’s reasonable belief that the possession is illegal. The distinction between the smells of burnt and fresh marijuana is well-documented. The possibility that the jar had contained the marijuana that created the smell was possible, but the officer’s observations were that it was not consistent with the strength of the smell. A high-crime area, leaning into the vehicle, and the driver denying anything illegal in the vehicle are all individually insufficient to create probable cause to search. But when combined with the other factors and circumstances involved, they did result in sufficient probable cause to justify the search.

Search upheld. Motion denied. Affirmed on appeal. Defendant does 5 years at 50%.