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Musicman45

Junior Member
Washington.

If you are not in a car, can a police officer arrest a person or persons due to the oder of marijuana in a general area without any other evidence?
 


tranquility

Senior Member
I disagree with the premise of your question as much as you want the facts to be that simple and vague. However, accepting your facts, probably not. However, at some level of smell, a reasonable officer of like training and experience would be able to tell the burnt marijuana smell came from the person or persons even though they were not in an enclosed space.
 

CdwJava

Senior Member
Washington.

If you are not in a car, can a police officer arrest a person or persons due to the oder of marijuana in a general area without any other evidence?
That depends ... what were you (or him/her) arrested for?

In general, no. The odor alone should not be sufficient to support a charge of possession of marijuana.

- Carl
 

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