Vehicle Search

Marijuana is among the illegal drugs in most parts of the world. An individual caught in possession or using cannabis is liable for prosecution and charged in a law court. Most cannabis users consume it privately, while others smoke it in their houses or even inside private cars. Police officers can identify cars carrying cannabis since it has a strong scent. Different legal minds in the United States and other parts of the world have had a tough debate on whether it is justified for police officers to search a car and arrest the owner without a search warrant alleging that the vehicle smells bhang. This research paper would maintain that it is unjustified for a police officer to perform a warrantless vehicle search because it is smelling bhang.

It is unjustified for police officers to search individuals' vehicles without search warrants because they are only allowed to perform a warrantless search in the event of exigent circumstances. These situations require a swift response since if they happen to delay, the event can harm the person involved or the general public. Hence police should respond very fast to deter imminent danger to life or property. Therefore, police officers cannot just bust into someone's car and search because it smells marijuana. When police suspect bhang in an individual's car through smell, they should obtain a search warrant before performing the actual search. Because marijuana is not life-threatening like the smell of manufacturing meth can blow up and cause death. In meth, police officers can search the premises without a search warrant and prevent it from exploding.

It is also unlawful for police officers to search a vehicle because some states of America have lawfully allowed people to possess and consume marijuana not exceeding a certain quantity. There are slight changes in the legal system after the legalization and decriminalization of some initially illegal drugs. Following Cannabis legalization for use in several states in the US, the odor cannot substantiate warrantless car search. Individuals in bhang decriminalized states are allowed to use bhang for its medicinal value. A couple of high courts in the United States, including Vermont and Massachusetts Supreme courts, ruled decriminalization policy means that the possession of cannabis is a civil infraction, making its odor an insufficient basis for police officers to believe that a crime is being committed. 

However, to some extent is justified for police officers...