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Warrantless search based on smell does not violated 4th Amendment

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Despite the absence of danger to the public, the strong odor of raw marijuana provided the probable cause a police officer needed to conduct a warrantless search.

Ashley Bell appealed her conviction for Class A misdemeanor possession of marijuana on the grounds that the warrantless search of her person during a traffic stop violated her Fourth Amendment rights.

Bell was arrested after Indianapolis Metropolitan Police Officer Lorrie Phillips stopped the vehicle in which Bell was a passenger for an illegally displayed temporary license plate. As Bell was exiting the vehicle, the officer smelled raw marijuana. The officer then handcuffed Bell and gave her a patdown search which led to the discovery of 10 baggies of marijuana.

On appeal, Bell argued a patdown search is justified during an investigatory stop only when a police officer is concerned for his or her safety. The search is not to be used to discover evidence of a crime.   

The Court of Appeals agreed that Phillips had no reason to believe that Bell was armed and dangerous. However, the court noted one of the exceptions to the Fourth Amendment’s warrant requirement is a search incident to a lawful arrest.

The Court of Appeals then pointed to precedent which has allowed the odor of marijuana is enough to give probable cause for a warrantless search.

“We agree with the State’s argument that, like the smell of burnt marijuana, the smell of raw marijuana on a person is sufficient to provide probable cause that the person possesses marijuana,” Judge Terry Crone wrote for the court in Ashley Bell v. State of Indiana, 49A02-1312-CR-1026. “We note that the odor of raw marijuana indicates that it has not been smoked and therefore still may be in the defendant’s possession. As such, we conclude that Officer Phillips had probable cause to arrest Bell and conduct a search incident to arrest.”

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  • ditto
    Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.
  • Harmless plant
    Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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