G. Thayer Williamson Your Drug Crime Attorney

Is smelling like marijuana probable cause to search in Texas?

In Texas, the odor of freshly burned marijuana gives the police the probable cause necessary to perform a legal search. In States that have legalized marijuana, the ordor of freshly burned marijuana does not give the police probable cause to do anything. However, the great State of Texas has not legalized the possession of marijuana.

Consequently, the odor of a freashly burned marijuana will give the police PC to search for marijuana. This senario generally happens in a motor vehicle. Many people do not realize that they have less 4th amendment protection in their vehicle. In short, your vehicle is NOT the same thing as your home. Generally, the police need a warrant to search your home. In order to search your vehicle the police only need probable cause.

If you have any questions about a drug case, or any criminal case, please feel free to call me at the Law Office of G. Thayer Williamson. Schedule your free case evaluation and we can begin working towards fighting for your rights!