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Marijuana Odor During a Traffic Stop is Not Probable Cause for Arrest Says Delaware Supreme Court

Written by on September 25, 2021

The established grounds for the case were drawn from a 2019 traffic stop which resulted in a marijuana-related arrest. In this case, the court has previously ruled that the smell of alcohol under the driver’s breath doesn’t stand as enough probable cause for a DUI arrest. This established premise helped to stand the ground for the same application to the case of the 15-year-old who was arrested in similar circumstances.