The Michigan Supreme Court last week ruled that the vehicle searches based solely on low-level cannabis violations are illegal. In the 5-2 ruling, the court determined that probable cause to believe someone is committing a civil infraction “does not establish probable cause to conduct a warrantless search under the (Fourth Amendment) automobile exception.”
“The people of Michigan demonstrated a reduced state interest in enforcement of laws prohibiting marijuana possession and use when they took the offense out of the realm of criminal law. … Instead, a police officer performing a warrantless search under the automobile exception must have probable cause to believe that contraband or evidence of a crime will be found in a particular place. Because the amount of marijuana present defines the distinction between a civil infraction and a crime, the officer must have probable cause to believe that a criminal amount of marijuana is present; substances prohibited only by civil law are not “contraband” for purposes of supporting a warrantless search of an automobile based on probable cause under the Fourth Amendment. Moreover, the smell of marijuana does not per se provide probable cause regarding possession of a criminal amount.” — People v Wilkins, 6/22/26
The case centers around Freddie Wilkins, III, who was charged with carrying a concealed weapon in a vehicle after a Michigan State Police trooper pulled him over for speeding. As the trooper approached the vehicle, he noticed the smell of cannabis from the open passenger-side window, but he did not see cannabis in plain view and neither defendant nor the passenger was smoking cannabis or appeared intoxicated. T
The trooper learned that Wilkins and the passenger were under the age of 21, and when initially questioned, both denied having cannabis; however, the passenger later admitted that she had some “shake,” which the trooper understood to mean a small amount of cannabis, the possession of which in small amounts by a person under the age of 21 is a civil infraction under state law. The trooper then searched the vehicle and found a firearm, which Wilkins admitted belonged to him.
Lower courts had allowed the search to stand, despite Wilkins’ challenge that the search violated the Fourth Amendment. The case moves back to Kent Circuit Court which will determine whether to continue pursuing the case following the Supreme Court decision.
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Cannabis Law Resources in Poland
Explore essential legal pages about cannabis cultivation, sales, and medical product regulations in Poland. These resources will guide you through permissions, certifications, and compliance requirements.
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Polish News Registration and Interests of Cannabis Businesses
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Permissions for Cannabis Sales in Poland
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Authorization for Importing or Manufacturing Medical Products
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Permission for Manufacturing or Importing Medical Products
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Certificate of Good Manufacturing Practices (GMP)
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Registration of Medical Products in Poland