Wrote about weed and warrantlessness for Fck Prison

Andre Shumake was pulled over in California in 2017 for not having a front license plate. The cop smelled weed and asked if they had any on them. Shumake said he did. The officer searched the car and found the weed. They also found a loaded pistol under the driver’s seat and charged him for it.

A judge originally ruled that the search was legal, but an appellate panel recently overruled the decision. The charges were reversed because they said the cops would have never found the gun if it wasn’t for the weed smell, which isn’t enough to justify the search of a car. The smell alone is not evidence of a crime.

While it’s still not legal to smoke and drive, more and more states have made similar judgments about probable cause and warrantless searches of cars. Federal laws complicate these situations, but, as of right now, medical card use is legal in 33 states, and weed is legal for people over the age of 21 in 11 states.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s