State v. Guerra

The opinion of the Court was delivered by

HANDLER, J.

This case raises the issue of whether police who, upon lawfully stopping an automobile, detect a strong odor of raw unburned marijuana emanating therefrom, may remove the vehicle to police headquarters and then search the automobile after obtaining permission over the telephone from a judge to conduct such a search.

Under the facts of this case, we hold that the warrantless search of the automobile, including particularly its trunk and the packages found therein, was justified by probable cause and the “automobile exception” to the written…