OFF THE WIRE
You might want to print this out and carry it with you so you can
take the cops to SCHOOL if they pull this "I smell weed" bullshit!
http://goo.gl/uq1awT
Police have long used the claim that something smells like marijuana
as probable cause to justify the search of individuals and vehicles. But
the big problem with this so-called smell test is that the reports are
entirely unverifiable, and subjective opinion. As well, there are many
things that can smell just like marijuana.
Users of the plant have noted it’s similarity to “skunk” scent and
other smells. But even when police do find marijuana during searches,
this may very well just be random chance rather than the officer’s detection of marijuana smell.
There is a saying that “even a stopped watch
is right twice a day,” so if officers claim that they “smell marijuana”
and then find nothing, the driver, passenger or pedestrian is often
sent on their way. We rarely hear about all of the “false positives” of
the police “smell test.” But there is growing evidence that police often
simply say that they have detected the smell of marijuana, and if some
is found, it is merely a happy coincidence for them.
More often than not, marijuana users seem to take pains to make sure
police and others cannot detect their use of the plant. The ability of
an individual to detect the presence of marijuana is a very difficult
metric to measure. To date, there are absolutely no standardized methods
or training, nor any means to verify an officer’s olfactory senses or
to score their ability to detect marijuana by smell alone.
Police dogs, by contrast, are trained and tested on the ability to
smell marijuana. Police officers, however, have exempted themselves from
these methods of training and verification.
Perhaps this is precisely so that they can apply this “smell test” to
any one and any situation that they please, without any oversight.
Anecdotally speaking, two people exposed to the same smell often
differ in their conclusions as to what it is. When it comes to marijuana
– which one might presume the officers in question are not often
smelling in a setting where the scene has been isolated – this
subjectiveness of olfactory detection becomes even greater.
To complicate the matter, the smell of marijuana is itself the
olfaction of pure chemicals, specifically terpenes (beta-caryophyllene).
This is how police canine trainers
teach their dogs to identify the smell. But these terpenes are quite
common. There are more than 200 terpenoids in marijuana alone, but many
other non-marijuana sources of terpenes are just as common.
The most common terpenoids include limonene, myrcene, alpha-pinene,
linalool, beta-caryophyllene, caryophyllene oxide, nerolidol, phytol,
and often do not even come from the marijuana plant itself (while giving
off similar scents). As a result, many things with these terpenoids,
such as skunk scent, marigolds, skunk cabbage, hops, and even various
combinations of rotting garbage can create nearly identical smells.
A peer-reviewed journal article, entitled “Marijuana Odor Perception: Studies Modeled From Probable Cause Cases”, published in Law and Human Behavior,
(Vol. 28, No. 2, April 2004) explains that “The present findings throw
into question, in two specific instances, the validity of observations
made by law enforcement officers
using the sense of smell to discern the presence of marijuana. Although
these instances reflect a very small set of studies with very specific
constraints, they do suggest that a blanket acceptance of testimony
based upon reported detection of odors for probable cause is
questionable and that empirical data to support or refute such testimony
in specific cases is sorely needed.”
So what can you do if a cop tells you they “smell marijuana”?
Unfortunately, courts have ruled time and time again that this
unscientific measure is valid to provide the officer in question with
“probable cause.” But your best bet is still to say that while you have
nothing to hide, you do not consent to any searches of your person or vehicle.
Bear in mind that 9 times out of 10, the officer is bluffing, to see how you react.
(Article by Jackson Marciana and Moreh B.D.K.; h/t to Justin McShane for some of the concepts, arguments and relevant studies referenced herein)
