In this video, we’ll discuss the potential issue with CBD and how it could be harming the police search of a vehicle.
If you’re looking for information about CBD, be sure to watch this video! We’ll discuss the potential issue with CBD and how it could be harming police searches of a vehicle. We’ll also give you tips on how to avoid this issue and protect your rights. So be sure to watch and learn about CBD!
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Hi everyone. Legal CBD has made law enforcement’s job more difficult.
This is Christina Williams with Just Criminal Law.
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And this is David Mann, legal storytelling specialist.
All right. So, Christina, you and I were talking earlier,
and I think I have this right, this whole thing
that you want to talk about today centers around a story that happened
near Laramie in which a K-9 officer was at a gas station
where there was a car parked. And the officer noticed
that this was a rental car. It was a type of car that was a rental.
And as we talked about in one of our other videos,
that’s a red flag sometimes for officers that something might be going on
because that’s a rental. So he goes over there and just starts
striking up a conversation with these guys in the car,
just talking and chit chatting and gets around to, ‘Hey,
where did you rent this thing from?’
00;00;56;14 – 00;00;59;01
And they said, Las Vegas. So he says,
‘Well, let me see here the rental agreement.’
So they start scrolling around in their phone
or one guy’s scrolling around his phone
to find the digital rental agreement and finds it.
But it’s from San Francisco. And this whole time
the guy in the passenger seat is getting more and more kind of nervous
and the police officer’s noticing all this, you know, the discrepancy in the rental
and the nervous guy and says, ‘You know what, okay,
I’m going to detain you.’ And he decides to have his K-9
because he’s a K-9 officer, have his dog sniff the car.
The dog does this and alerts meaning find something.
And it turns out these guys have 150 pounds of marijuana in their car.
00;01;42;07 – 00;01;44;07
So I know there’s more to this, but is that basically it?
00;01;46;17 – 00;01;47;00
Yeah. You hit all the high points there, David.
00;01;50;21 – 00;01;53;16
So the K-9 is trained to alert on illegal substances
specific only cocaine, methamphetamine, heroin and marijuana.
Now, in Wyoming, our legislature legalized CBD,
and marijuana and CBD have the same chemical composition.
So during the hearing, the motion hearing on that case,
the officer testified that it’s true, in fact, his canine
cannot detect the difference between legal CBD and illegal marijuana.
And so potentially,given the right set of circumstances
now this particular case doesn’t fit the bill
because they didn’t have any legal CBD
in the vehicle. But the Supreme Court noted that
perhaps if they did or if there was a case
where the canine who’s trained to detect marijuana alerts
on a vehicle that contains both legal CBD and marijuana,
then potentially that person would have
a reasonable expectation of privacy to the odors
coming from the vehicle that are legal. Now, that’s
definitely a new area of the law that has not been decided.
And it’s not certain that the Supreme Court would go that way.
00;03;22;06 – 00;03;24;10
But they at least mentioned it in this decision on this case.
So there’s hope anyway that they will make a distinction.
And perhaps in a case like this, the evidence can be suppressed
because it’s that canine sniff and that alert
that gives the officer probable cause to search the vehicle.
00;03;45;17 – 00;03;47;05
And if the canine can’t tell the difference
and alert on CBD,even if there is marijuana in the car,
if there’s both of them, then the officer doesn’t
automatically have that probable cause to search.
So it’s definitely going to be interesting
when the Wright case comes along for the Supreme Court to look at that.
00;04;07;00 – 00;04;08;20
That’s really interesting. So that, yeah, that could be
an area of the law that someone who is stopped
and and is ultimately convicted of having marijuana possession
may never have actually had to let their car be searched, you’re saying.
Right, because the dog or because the dog’s sniffing
is what gets the police officer the clearance
to search the car in the first place.
00;04;36;10 – 00;04;36;25
Right. So somebody that’s, you know, accused of having illegal
marijuana in their car and files a motion in front of the district court
and ask the district court to make that decision on whether or not
there’s probable cause to search the vehicle,
because there’s both legal CBD and illegal marijuana in the car.
And and that court decides, you know, ‘That’s true.
We don’t have probable cause here because there’s that confusion,’
then the person can potentially avoid a conviction
and get the evidence dismissed.
00;05;16;04 – 00;05;17;13
Wow. Okay. Well, this sounds like a job for a lawyer.
So how do they get in touch with you?
00;05;22;15 – 00;05;24;07
We’ll include a link in the description
where they can call, text or chat with a member of my team
anytime, day or night.
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Here at Just Criminal Law, we know you only get one shot at Justice,
so make yours count.
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