Probable Cause

Defendant appealed the decision of the Trial Judge sustaining a charged violation of R.I. Gen. Laws 1956 § 21-28-4.01 (Possession of Marijuana). Defendant argued that the search of her car, in which the citing officer found the marijuana, was illegal because the officer did not have probable cause to conduct the search. The citing officer cited two facts to support a finding of probable cause: (1) an odor of marijuana emanating from the car, and (2) his belief that the Defendant’s boyfriend, who was with her, was involved in a breaking and entering into a nearby maintenance shed where he believed that marijuana had been smoked. The Appeals Panel noted, however, that the officer had not testified to having any experience identifying the odor of marijuana, and so the officer was testifying as a lay witness, making his testimony about the odor of marijuana unusable as support for probable cause. The Appeals Panel further noted that the officer’s testimony about Defendant’s boyfriend potentially being involved in the breaking and entering was not enough to support a finding of probable cause to search her vehicle. As a result, the Appeals Panel found that the evidence presented at trial was insufficient to support the Trial Judge’s finding of probable cause for the officer to search Defendant’s vehicle. Accordingly, Defendant’s appeal was granted and the charged violations were dismissed.

State of Rhode Island v. M.L., No. T16-0023 (February 12, 2018).pdf