Despite marijuana’s evolving legal status, marijuana possession remains a crime in Wisconsin. If the odor of marijuana is ‘sufficiently localized’ to a specific person, this provides probable cause to arrest that person for the crime of marijuana possession. If an officer has probable cause to arrest, it follows that he or she may also conduct a search incident to that lawful arrest without any additional justification. Searching a person incident to arrest enables officers to not only safeguard evidence, but, also ensures the officer’s safety.
While an officer may detect the odor of marijuana on a person walking about, it is a far more common scenario for officers to detect the smell of marijuana coming from a vehicle during a traffic stop. If police say they smell marijuana coming from your car, the odor provides officers with probable cause to perform a search. If they find something, anything illegal, whether it is marijuana, other drugs, drug paraphernalia or an illegal weapon, the consequences can be dire.
Wisconsin marijuana possession lawyer
There are countless stories of people being arrested for smoking marijuana in public places, usually in or around their vehicles, making it the number one cause of avoidable arrest. If you have been charged with possession of marijuana or if a search of your person or vehicle has resulted in other charges, you will need an experienced Wisconsin criminal defense attorney to defend you against the charges you face. Contact Waukesha, Wisconsin marijuana possession lawyer Andrew C. Ladd for immediate assistance if you have been charged with a Wisconsin drug crime.