People v. Kazmierczak

Defendant was charged with possession with intent to deliver marijuana. MCL 333.7401(2) (d)(iii); MSA 14.15(7401)(2)(d)(iii). In accordance with People v Taylor, 454 Mich 580, 593; 564 NW2d 24 (1997), which held that “odor [of marijuana] alone is not sufficient probable cause to search a vehicle,” the trial court granted a motion to suppress the evidence and dismissed the charges. As explained below, we overrule Taylor, and hold that the smell of marijuana alone by a person qualified to know the odor may establish probable cause to search a motor vehicle, pursuant to the motor vehicle…