Washington residents - we hate to have to tell you this, but you really need to clean out your cars.
And it's not that they're dirty. No, it's because the herbal remedies you enjoy just a stone's throw away are illegal in the State of Idaho, and a pipe on the seat or the smell of marijuana may be enough to justify a search of your vehicle.
So what's a green-loving guy or gal to do? Read on for some helpful information about your rights, classification of offenses, important definitions, and potential consequences.
Probable cause searches
To begin, you have a constitutional right to be free from unreasonable searches and seizures of your person, house, papers, and effects. In other words, the State recognizes that you have a protected privacy and property interest in your vehicle. Normally, this requires the State to obtain a warrant, and warrantless searches are presumed to be unreasonable. However, because of the ready mobility of the automobile, warrantless searches of vehicles can be justified by probable cause. This is what is known as the "automobile exception" to the warrant requirement. Pursuant to this exception, law enforcement officers may only search an automobile and the containers within it if there is probable cause to believe that the automobile holds contraband or evidence of a crime.
So what can establish probable cause? An officer has probable cause when the totality of the circumstances known to the officer at the time of the search would cause a reasonable person to believe that evidence of a crime will be found in a particular place. As stated above, Idaho criminalizes possession of certain controlled substances, including marijuana. Thus, if an officer detects the smell of marijuana, it will generally give him probable cause to search your vehicle.
Similarly, possession of drug paraphernalia is illegal in Idaho. Paraphernalia is something used to "plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance." Some examples of drug paraphernalia include pipes, baggies with visible drug residue, grinders, and syringes. If an officer observes drugs or a paraphernalia item in plain view - in other words, from a viewing angle where he has a right to be - he will also have probable cause to search the vehicle.
Drug dog sniffs and trespasses
Just as a trained law enforcement officer's detection of the odor of marijuana is enough to establish probable cause, a reliable drug dog's alert can also establish probable cause. Importantly, these sniffs cannot prolong, or add time to, the original purpose for the stop. Additionally, the drug dog cannot trespass against your property in order to sniff the free air surrounding the vehicle.
What constitutes a trespass? It depends! Courts have held that a dog jumping on your vehicle can be a trespass, but that merely brushing its tail against your bumper may not be. A criminal defense layer can review video footage and other documentation in your case to determine if a dog sniff was properly conducted, or if the dog extended the stop or trespassed against your vehicle.
Inventory searches
Sometimes, law enforcement won't find marijuana or other drugs until after you've been arrested for something else. This often takes place in the context of an inventory search, which is an inventory following impoundment intended to safeguard the owner's property, to prevent claims against the police for lost or stolen property, and to protect the police and others from dangerous instrumentalities that may be inside the vehicle. In order to be considered constitutionally permissible, an impoundment must be reasonable under all the circumstances known to the police when the decision to impound was made. However, an officer's decision to impound a car can violate your rights when the primary purpose behind that decision is to search the car for evidence of criminal activity. In other words, "general rummaging in order to discover incriminating evidence" is not allowed. A criminal defense attorney can help identify if impoundment of your vehicle was appropriate, and if not, can ask the court to exclude evidence obtained in violation of your rights.
Misdemeanor and felony amounts and penalties
Possession of less than 3 ounces of marijuana is a misdemeanor, and the potential penalties include imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000), or both. You could also be placed on unsupervised or supervised probation and be ordered to complete community service hours.
Possession of more than three ounces of marijuana comes with even harsher penalties - possession of marijuana in an amount greater than three (3) ounces net weight is a felony, and upon conviction, a person may be imprisoned for not more than five (5) years, or fined not more than ten thousand dollars ($10,000), or both.
Schwartz Law is here to help.
The bottom line is that marijuana possession cases involve a careful analysis of the above factors and the circumstances, and an experienced drug defense attorney can help ensure that your habit doesn't haunt your future. Schwartz Law is currently offering free consultations for drug defense and marijuana possession cases.
Christopher Schwartz, Lisa Chesebro, and Courtney Gillihan are criminal defense attorneys at Schwartz Law, P.C., 520 N. Government Way, Coeur d'Alene, Idaho 83814. For questions about criminal defense services, please call (208) 930-1300.
The information provided on this website is for general informational purposes only and should not be construed as legal advice. No attorney-client relationship is formed by your use of this site or by contacting our office. Criminal law is complex and varies by jurisdiction; therefore, it is crucial to consult with a qualified attorney regarding your specific legal situation. Please do not rely solely on the information provided here; instead, seek professional legal counsel for advice tailored to your circumstances.