Background
Timothy Drake was indicted for possession with intent to distribute methamphetamine after a traffic stop. He moved to suppress the evidence, arguing the search violated the Fourth Amendment. The district court denied the motion, and Drake appealed.
The court’s reasoning
The court concluded that the strong odor of marijuana and Drake’s evasive behavior provided probable cause for the search under the automobile exception. Despite the legality of recreational marijuana in Missouri, operating a vehicle under its influence is not legal.
Considering the strong odor of marijuana Officer Perkins smelled coming from Drake’s vehicle, as well as his evasive and erratic behavior during the stop, we conclude Officer Perkins could have reasonably believed he would discover evidence that Drake had operated a motor vehicle while under the influence of marijuana by searching his car.
What it means going forward
The decision upholds the ability of law enforcement to search vehicles based on probable cause derived from the odor of marijuana and observed behavior.