Galveston Marijuana Attorney - Investigation and Evidence
One of the most common questions we receive is regarding how marijuana possession charges typically begin and the investigation process that follows. In this post, we will dive into the critical aspects of the investigation and evidence in marijuana cases, focusing on traffic stops, the role of probable cause, and the complexities of distinguishing marijuana from industrial hemp.
The Investigation: Traffic Stops and Reasonable Suspicion
In most marijuana possession cases, the investigation begins with a routine traffic stop. It’s not uncommon for a person to be pulled over for something as simple as speeding or failure to signal a turn. However, even if the traffic violation is minor or debatable, police officers need what is known as reasonable suspicion to stop a vehicle.
Reasonable suspicion arises when a police officer believes that a traffic violation or criminal activity may be occurring. For example, some common offenses that might lead to a stop include speeding, making a "wide right turn," or failure to signal. The concept of a "wide right turn" may surprise many—this happens when a driver makes a right turn but drifts into a lane that isn’t immediately adjacent to the curb or right turn lane. In many cases, this is a reason officers will pull over a vehicle, even if it seems like a minor infraction.
Once the vehicle is stopped, the officer will approach the driver, ask for identification, and begin their investigation.
The Role of Probable Cause: The Smell of Marijuana
At this stage, the officer may begin looking for signs of criminal activity, and one of the most significant factors they often rely on is the odor of marijuana. If a police officer detects the smell of marijuana emanating from the vehicle, this is typically considered probable cause to search the vehicle. However, this practice has become more complicated in recent years due to a change in marijuana legislation.
In 2019, a law was passed distinguishing between marijuana and industrial hemp. The key difference between the two is their THC content—hemp contains less than 0.03% THC, while marijuana contains more. The challenge here for law enforcement is that the odor of industrial hemp and marijuana can be quite similar, making it difficult for officers to determine which one they are smelling. Without the ability to test for THC content immediately, how can an officer be sure whether it’s marijuana or hemp?
Court Rulings: How the Law Addresses the Issue
There are some important case law decisions that have helped clarify this issue. In the case of Isaac v. State (2023), the court acknowledged that the smell of marijuana alone can provide police officers with probable cause to search a vehicle. The case referred to Cortez v. State (from Dallas) which affirmed that the strong odor of marijuana, even from a small, enclosed area like a car, could give an officer probable cause to conduct a warrantless search.
However, the courts have not found the odor alone to be definitive. In other cases, such as Terate v. State, courts have allowed officers to search based on multiple factors, including the smell of marijuana and other circumstances that raise suspicion.
The Totality of Circumstances and Police Searches
It’s essential to understand that officers do not have unlimited power to search your vehicle. While the odor of marijuana may create probable cause, police need to consider the totality of the circumstances. For example, in California v. Acevedo, the U.S. Supreme Court ruled that when officers have probable cause to search a vehicle, they can search not only the vehicle itself but also any containers within the vehicle that may reasonably hold contraband.
However, there are limitations. In some extreme circumstances, like when officers believe that evidence may be destroyed (such as hearing a toilet flush during a marijuana investigation inside a home), officers can act quickly to prevent the destruction of evidence. But in typical marijuana possession cases, law enforcement still needs to ensure they meet legal requirements before conducting a search.
Evidence: Lab Reports and State Reports
Once the search is conducted, the state may provide evidence, such as lab reports or offense reports. These documents describe the items found during the investigation, including marijuana (or other substances) and related charges. The validity of this evidence, along with the initial search, is often scrutinized in court.
What This Means for You
If you find yourself facing marijuana-related charges, understanding the investigation process is crucial. Whether your case begins with a routine traffic stop or an officer detecting the odor of marijuana, a skilled criminal defense lawyer will carefully examine the facts, the law, and any potential violations of your rights.
At our Galveston office, we are committed to defending your rights. We’ll dive deep into your case, analyzing everything from the initial stop to the validity of the search and the strength of the evidence against you.
Conclusion
If you’ve been arrested or are facing charges related to marijuana, don’t hesitate to contact our office for a consultation. We understand the nuances of marijuana cases and are ready to guide you through the legal process.
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