952 N.W.2d 597
Mich. Ct. App.2020Background
- Trooper Allan Park stopped Thomas Moorman for speeding and smelled a strong odor of fresh marijuana coming from Moorman’s vehicle.
- Moorman initially denied any marijuana, later said he had harvested marijuana that day and claimed to be a registered medical-marijuana caregiver; there is a dispute about exactly when he produced his registry card.
- Park searched the vehicle (stating the odor as the justification), located pills without prescriptions, and found Moorman had a handgun without a Michigan permit.
- Moorman moved to suppress evidence, arguing the odor alone was insufficient probable cause to search when he possessed a valid MMMA caregiver card; trial court denied the motion relying on People v Anthony.
- The Court of Appeals affirmed the denial, holding that although reliance on Anthony alone was error, probable cause existed under People v Kazmierczak and Moorman’s deceptive denial supplied a basis to believe possession exceeded MMMA limits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the odor of marijuana alone provides probable cause to search a vehicle when the driver presents a MMMA registry card | Odor suffices for probable cause under Kazmierczak; search lawful | Odor is insufficient when MMMA protections apply and the person has a registry card | Search lawful: odor can establish probable cause, but MMMA protections require additional basis to believe possession is unlawful; here such basis existed |
| Whether defendant’s denial of marijuana presence supports probable cause to believe possession exceeded MMMA limits | Denial plus strong odor supports probable cause that possession was unlawful or excessive | Presentation of registry card negates suspicion of unlawful possession | Held: defendant’s initial denial, inconsistent with the odor and his later claim of a registry card, supplied an objective basis to suspect unlawful quantity and supported the search |
| Whether the trial court erred by relying solely on People v Anthony to deny suppression | Anthony supports denial when MMMA protections do not apply | Anthony is distinguishable because Anthony involved public use, not lawful possession under MMMA | Trial court erred to rely solely on Anthony, but the denial is affirmed on other grounds (Kazmierczak + deceptive conduct) |
Key Cases Cited
- People v Anthony, 327 Mich App 24 (2019) (addressed marijuana odor and public-use context under the MMMA)
- People v Kazmierczak, 461 Mich 411 (2000) (a qualified officer’s detection of marijuana odor may establish probable cause to search a vehicle)
- People v Champion, 452 Mich 92 (1996) (furtive behavior can contribute to probable cause)
- Devenpeck v. Alford, 543 U.S. 146 (2004) (Fourth Amendment reasonableness is judged objectively, not by officer’s subjective justification)
- Scott v. United States, 436 U.S. 128 (1978) (officer’s subjective intent does not invalidate objectively justified searches)