Officers in Georgia can search your vehicle if they smell marijuana.
The plain smell doctrine is an extension of the plain view doctrine and allows officers to establish probable cause for a search based on their sense of smell.
However, the smell alone is not enough to stop a vehicle. Before any search occurs, the officer must have a legitimate reason to detain the person, such as a traffic violation, or another lawful investigative purpose.
Officers in Georgia can search you if they smell marijuana.
However, the smell of marijuana is also not enough to automatically search a person on foot. A search of a person’s body requires probable cause for a lawful detention or arrest.
If there is an independent reason for the stop, e.g., the person matches the description of a suspect, the person is involved in a complaint call, or the person is observed committing another violation, then the odor of marijuana can strengthen probable cause.
APD.SOP.3030 Arrest Procedures reflects the above related to Search and Seizure and additionally states, “When there is a reasonable and articulable suspicion that a vehicle contains illegal drugs, an officer is authorized to walk a drug dog around the vehicle to see if the dog alerts for drugs. If the dog alerted for drugs, that factor, combined with the other factors prompting the use of the drug dog may establish probable cause authorizing the search of the vehicles interior.”
The ACRB works to ensure transparency and accountability in law enforcement actions. By reviewing complaints and policies, we help our community understand how stops and searches, like those involving the smell of marijuana should be handled and make sure officers follow proper procedures.
Caffee v. State (Georgia Supreme Court, 2018)
Gowen v. State (Georgia Supreme Court, 2021)
Kennedy v. State (Georgia Supreme Court, 2024)