Michigan Supreme Court

165233

April 2, 2025

Summary

The Court held that the smell of marijuana alone no longer establishes probable cause to search a vehicle under the automobile exception because Michigan law now generally permits adult marijuana possession and use. Although the lower courts used the wrong standard when evaluating the initial seizure, the Court held that the trial court did not clearly err in finding that the handgun was discovered during a search rather than in plain view, so the suppression order and dismissal were affirmed.