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Even Dogs Can’t Smell the Difference

Posted by: Cynthia Sherwood, Alexander Mills & Davis Griffin on Nov 25, 2019

The Death of ‘Plain Smell,’ as Hemp Is Legalized

“I detected the distinct odor of marijuana.”   

This phrase is used by police in courtrooms across the nation every day to provide probable cause to obtain a warrant or justify a search.

A distinctive odor can provide probable cause to believe that an automobile, home, or other area contains contraband. Tennessee courts have held the smell of contraband sufficient to establish the probable cause necessary for police to obtain a search warrant or to conduct a search or seizure under the automobile or exigent circumstances exception to the warrant requirement.1  This is known as the “plain smell” doctrine.2