People v. Hilber

Jeffrey Lee Hilber was convicted of possession of amphetamines1 and possession of marijuana with intent to deliver.2

The contraband was seized following a warrant-less search of an automobile Hilber had been driving.

The circuit judge found that "the strong odor of marijuana” emanating from the automobile provided probable cause for the search. The Court of Appeals suppressed the seized evidence and reversed the conviction. We affirm its decision.

The questions are

i) whether there was probable cause to search the automobile for marijuana and

ii) if so, whether a warrantless search was justified.3

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