“The ability to conduct warrantless searches based on the smell of marijuana has faced some challenges.  In Florida, recent cases in Sarasota and Pinellas County have cast doubt on some officers’ claims they were able to smell the marijuana cited in their probable cause affidavits and search warrant applications. And in Massachusetts, where voters decriminalized small amounts of marijuana in 2008, a state court struck down the ability to smell and search in 2011. Defense attorneys argue that youths and minorities are targeted disproportionately and say that because the search relies solely on an officer’s word, it’s prone to misconduct.”

http://www.orlandosentinel.com/fl-marijuana-probable-cause-20130605,0,4896946,full.story

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