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Vassar v. State10/29/2004
juana seeds or residue in the car's interior, and then located marijuana in a cracker box and the automobile's ashtray, floorboard and seat, and later smelled raw marijuana coming from the trunk and located sixty-eight pounds of marijuana in the trunk); People v. Moore, 900 P.2d 66, 70-71 (Colo. 1995) (probable cause to search automobile for contraband or evidence of a crime based on marijuana cigarette produced by vehicle occupant and knowledge that occupants were suspected of drug activity); State v. Longo, 243 Conn. 732, 708 A.2d 1354, 1357-59 (1998) (probable cause to search entire automobile after officer smelled marijuana and saw marijuana seeds and cigarettes in plain view inside car -- "traces of marijuana observed in plain view provided probable cause to search the entire vehicle, and any containers, for additional marijuana"); Ledda v. State, 564 A.2d 1125, 1127-29 (Del.Supr. 1989) (probable cause to search entire automobile based on discovery of small bag of green plant material later identified as marijuana in glove compartment); State v. Schinzing, 342 N.W.2d 105, 110 (Minn. 1983) ("discovery of marijuana in the ashtray gave [officer] probable cause to believe that he would find marijuana elsewhere and justified his searching anywhere in the car that he might reasonably expect to find more marijuana" and "discovery of some marijuana in a car gives probable cause to search for more"); Fleming v. State, 502 So.2d 327, 329 (Miss. 1987) (probable cause to search entire automobile when marijuana seeds and parts of marijuana observed in automobile's passenger compartment and odor of marijuana emanating from passenger compartment); Hall v. State, 1988 OK CR 286, 766 P.2d 1002, 1005 (Okla.Crim.App. 1988) ("having found a marijuana cigarette which fell from appellant's clothing during a lawful pat down search incident to arrest, the officer was further justified in searching the car because probable cause existed that the vehicle contained other illegal drugs and paraphernalia"); Hill v. State, 516 S.W.2d 361, 366 (Tenn.Crim.App. 1974) ("search of the glove compartment of the car can be justified as reasonable on the ground that [officer] could have insisted that by finding the plastic bag of marihuana in plain view on the seat of the defendant's car it was reasonable for him to conclude that in all probability there was other marihuana in the glove compartment"); and 3 Wayne R. LaFave, Search and Seizure § 7.2(c) (3rd ed. 1996 and Supp. 2004) (citing cases). See also People v. McMillon, 892 P.2d 879, 882-83 (Colo. 1995) (probable cause to search automobile for "contraband or evidence of criminal activity" where driver had prior record for possession of drug paraphernalia, a syringe was observed between the driver's seat and the center console, and driver stated that no one who drove or used car was diabetic).
Some courts have also directly refused to limit the scope of such a search based on the discovery of claimed "personal use" amounts of marijuana. In United States v. Loucks, 806 F.2d 208, 209 (10th Cir. 1986), Loucks was stopped for speeding in Wyoming. The officer, based on his experience with marijuana arrests, noticed a strong odor of marijuana on Loucks and what the officer thought was still-burning marijuana in the vehicle's passenger compartment. The officer searched the vehicle's interior and discovered a small wooden boX containing what appeared to be marijuana, marijuana cigarette butts in the vehicle's ashtray and a small brown paper bag containing marijuana. The officer proceeded to search the vehicle's trunk, finding twenty-five pounds of marijuana. Id.
On appeal, Loucks conceded that the officer had probable cause to search the vehicle's passenger compartment for the marijua
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