Car Searches in Alabama
Frequently Asked Questions
Contents
Q:
Q:
“Odor of Marijuana” Search
“Plain View” Search / “Plain Feel” Search
Q: “Odor of Marijuana” Search
A: If an officer smells marijuana, raw or burnt, coming from the car, that odor alone can give the officer probable cause to search the passenger compartment and all occupants of the car. However, the odor of marijuana by itself does not justify a search of the trunk.
If, during the search of the passenger compartment, the officer finds illegal marijuana or other contraband, that discovery gives probable cause to arrest the driver. Once there is probable cause for arrest, officers may also search the trunk as a “search incident to arrest,” even if the formal arrest takes place after the trunk is searched.
If the officer asks the driver to step out of the car and smells marijuana coming directly from the driver’s person, the search should be limited to that individual. But if drugs are found on the driver, the officer may then search the rest of the car—including the trunk—incident to arrest.
Q: “Plain View” Search / “Plain Feel” Search
A: Under the plain view doctrine, an officer may seize drugs or contraband only if the illegal nature of the item is immediately apparent without further investigation. For example, if an officer sees leafy flakes on a seat but cannot know for sure it is marijuana until handling it, that entry and seizure is illegal.
Officers sometimes believe suspicion alone is enough to investigate further under the plain view doctrine. It is not. The doctrine only applies if the officer knows for sure what the item is while lawfully standing outside the car. This doctrine is one of the most abused justifications for vehicle searches.
The same logic applies to pills or white chunks seen on the floorboard. An officer cannot know what type of pill or substance it is by sight alone, and entering the vehicle to check is an illegal search if done without a warrant or other valid justification.
The plain feel doctrine works the same way. For instance, if an officer pats down a driver for weapons and feels a baggie or cigarette pack, he cannot seize it unless its illegal nature is immediately apparent upon the first pat. If the officer had to squeeze or manipulate the object further to conclude it was drugs, then the search is unlawful, and the evidence should be suppressed.