Marijuana-Based Car Search Still Up in the Air in Fourth Circuit

• Marijuana-Based Car Search Still Up in the Air in Fourth Circuit • Circuit split exists over whether smell of burnt marijuana is enough for searching car without warrant • Fourth Circuit didn’t decide issue, saying other factors validated search in question

The smell of burnt marijuana emanating from a car is enough for some federal appeals courts to validate a warrantless search of the whole vehicle.

But the U.S. Court of Appeals for the Fourth Circuit wouldn’t say for sure Feb. 9 how it viewed the issue.

There is a circuit split on the issue. The Fifth and Eighth ...