Saturday, February 28, 2015

DC Police can No Longer use the "Odor of Marijuana" as Grounds for Probable Cause ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1





The "odor of marijuana" - like the "odor of alcohol" - has been both a thorn in the side of the criminal defense bar and a time-tested-true-tool for law enforcement for ever and a day.  Those three (3) words, "odor of marijuana" (and "odor of alcohol"), have been used, and upheld, as establishing probable cause for warrantless detentions ("seizures") and searches for time immemorial.  But not anymore, not in Washington D.C. anyhow.  



New regulations require D.C.'s cops to read over 50 pages on the new law and its enforcement on an internal website, and, per these new laws which permit the recreational use of marijuana D.C. police can no longer use the "odor of marijuana" as a basis for probable cause.  




Per D.C. Police Union Secretary Marinos, this is a concern for cops as the new laws could lead to a heavy caseload for internal affairs.  "When officers get involved in this, its going to open up a lot of internal investigations because they are going to say the officer used his or her sense of smell, which is not usable for suspicion, and that's going to open them up for discipline internally and possibly some litigation."  This is also predicted to lead to D.C. cops not enforcing other laws where marijuana is involved.  The new rules allow people grow as many as six (6) marijuana plants at home and carry up to two (2) ounces of pot, but Marinos says even judging whether someone is carrying a legal amount could be an issue for police.  "We are going to need a pocket scale, or a scale, and the issue is--we are getting into the weeds here but--is it going to be calibrated for every tour? Is it going to have to be MPD issued?  Can the officer purchase his or her own scale to bring in to do his or her job?  These questions haven't been answered by the department or the city council."  There is also some confusion over how many pot plants should be allowed in houses with multiple residents.  Marinos told reporters that "Our members are going to be very, very reluctant.  It's just going to be too complicated--too convoluted.  I think it was purposely written that way, and our members are not going to want to subject themselves to internal discipline by second guessing management and by possibly being sued civilly."





  • Unless you happen to be born with a silver spoon there are no "easy" careers.  All avenues of work have pitfalls, dangers, proverbial hoops... that's a little tidbit called "life".  All one can hope for is to do one's job, whatever it is, honestly and with integrity, and to be satisfied at the end of the day in who one is and with what one has accomplished (and if you are a cop, or in law enforcement, then tack on "making it home to your family safe and sound after each and every shift").  That said, even in D.C. anyone can still be arrested pursuant to the "odor of marijuana" by federal officers and charged with a federal crime as marijuana remains a federally scheduled controlled substance and possession of marijuana remains punishable in federal court.   That said....







  • For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  





  • At Michael A. Haber, P.A. "Its all about reasonable doubt"!





  • Michael A. Haber, Esq. is prepared to speak with you about your case!














  • THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


    #Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #OdorOfMarijuana #ProbableCause #PC
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