After Prop 64, Marijuana and Probable Cause to Search Vehicle

With the passage of Proposition 64, the Adult Use of Marijuana Act, a police officer cannot search a vehicle without a warrant if he observes marijuana in the car, whereas before Prop 64’s passage, an officer could do this. Please keep in mind that it remains illegal to drive while impaired from smoking marijuana, so if the police officer observes the driver being impaired and marijuana smoke or the smell of freshly burned marijuana, a search is proper even after Prop 64 becoming effective. To read more about how Prop 64 affects the legal ability of a police officer to search a car after smelling marijuana, please click on the following link –

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