In the case of Commonwealth v. Overmyer, the Massachusetts Supreme Judicial Court considered whether the smell of ‘unburnt marijuana’ provides police officers with probable cause to believe there is more than (the legal) one ounce to justify a search of the car without a search warrant. The court ruled that, no, the mere smell of unburnt marijuana does NOT justify a search.
In this case, police officers responded to a motor vehicle accident. On scene, the officers smelled “a very strong odor of unburnt marijuana near” the defendant’s car. In response to questioning by the police officers, the defendant admitted that marijuana was present in the car and gave the keys to the glove compartment to the police. Inside, there was a “fat bag” of marijuana. Because the odor of unburnt marijuana persisted, a further search was conducted and more marijuana in a backpack in the backseat.
As a result, this defendant was charged with possession with intent to distribute a class D substance and school zone violation.