Summary
The Washington Supreme Court held that the odor of marijuana emanating from a vehicle, without additional individualized evidence, does not establish probable cause to arrest and search every occupant. Under article I, section 7 of the Washington Constitution, probable cause must be particularized to each person; the court overruled State v. Hammond and reinstated the suppression order.
Topics
Practice areas
Questions Presented
- Whether the moderate odor of marijuana emanating from a vehicle, without more, establishes individualized probable cause to arrest every occupant of the vehicle.
- Whether a search incident to Grande's arrest was lawful when the arrest was not supported by individualized probable cause.
- Whether RCW 10.31.100 authorizes an arrest of a vehicle occupant without probable cause specific to that individual.
Holdings
- Under article I, section 7 of the Washington Constitution, the smell of marijuana in the general area of a vehicle occupant is insufficient, without more, to establish probable cause to arrest that occupant. Probable cause must be individualized and supported by objective evidence linking the person to criminal activity.
- A search incident to arrest is unlawful when the arrest itself is unlawful; therefore, the evidence seized from Grande's person had to be suppressed.
- RCW 10.31.100 does not authorize police to arrest any or all occupants of a vehicle based solely on marijuana odor; the statute requires probable cause individualized to the person arrested.
Key quotations
“We hold article I, section 7 of the Washington Constitution requires individualized probable cause for each occupant of the vehicle, and the facts in this case do not support such a finding.” (164 Wash. 2d at 135)
“We hold that the smell of marijuana in the general area where an individual is located is insufficient, without more, to support probable cause for arrest.” (164 Wash. 2d at 147)
“Where no other evidence exists linking the passenger to any criminal activity, an arrest of the passenger on the suspicion of possession of illegal substances, and any subsequent searches, is invalid and an unconstitutional invasion of that individual’s right to privacy.” (164 Wash. 2d at 147)
Factual background
A state trooper stopped a vehicle with two occupants and detected a moderate odor of marijuana emanating from the vehicle. Without additional evidence connecting passenger Jeremy Grande to marijuana possession, the trooper arrested and handcuffed both occupants and searched them. The search of Grande revealed a marijuana pipe containing a small amount of marijuana, while a burnt marijuana cigarette found in the vehicle's ashtray was claimed by the driver.
Procedural history
Grande was charged with marijuana possession and possession of drug paraphernalia after a trooper arrested and searched him and the vehicle's occupants based principally on the odor of marijuana from the vehicle. The district court granted Grande's CrRLJ 3.6 suppression motion, finding no probable cause specific to him. The superior court reversed under State v. Hammond, and the case proceeded to the Washington Supreme Court, which reversed the superior court and reinstated the suppression order.
Remand instructions
The court reversed the superior court and reinstated the district court's order suppressing the evidence.