Conclusion Together, These Facts Do Not Establish a Reasonable Suspicion that The Vehicle Was Transporting Additional Illegal Materials. In this case, the stench of smoking marijuana led police to the vehicle of the appellee, but the officers did not have probable cause to search the vehicle. Appellate Matter In its appeal, the Commonwealth disagrees with the lower court’s finding that a civil infraction cannot provide probable cause. At the Hotel Parking Lot, Officer Hawker Smelled Cooking Marijuana and Was Pulled into The Car of The Appellee. She Responded to The Officer’s Queries and Even Admitted that The Cigarette in Her Hand Contained Marijuana.
In this case, the stench of smoking marijuana led police to the vehicle of the appellee, but the officers did not have probable cause to search the vehicle.
Appellate Matter
In its appeal, the Commonwealth disagrees with the lower court’s finding that a civil infraction cannot provide probable cause. The Court agrees with the government, but for a different reason: “The totality of the circumstances here did not create probable cause to search the vehicle.” This is despite the fact that the Court does not rule on whether the civil character of the offence affects the constitutionality of the search.
Discussion
The Government...
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