The Michigan Supreme Court ruled 5-2 in People v. Wilkins that police cannot conduct a warrantless vehicle search based solely on the smell of marijuana or suspected low-level, civil infractions. [1, 2]
The Case Background
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- The Traffic Stop: In January 2023, a state trooper pulled over Freddie Wilkins III for speeding in Kent County. [1, 2]
- The Interaction: The trooper smelled cannabis and learned that both Wilkins and his passenger were under 21 years old. [1, 2]
- The Admission: The passenger admitted to possessing a small amount of cannabis “shake”. Under the Michigan Regulation and Taxation of Marihuana Act, underage possession of 2.5 ounces or less is a civil infraction, not a crime. [1, 2, 3, 4]
- The Search: The trooper searched the car under the “automobile exception” and uncovered a concealed, illegal handgun in a backpack. [1, 2]
- Lower Courts: Both the Kent County Circuit Court and the Michigan Court of Appeals upheld the search, arguing underage marijuana was contraband. [1, 2]
The Supreme Court Ruling
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- The Core Decision: The high court reversed the lower courts, ruling that evidence of the handgun must be suppressed because the warrantless search was unconstitutional. [1, 2]
- No Probable Cause for Crimes: Justice Kimberly Ann Thomas wrote for the majority that the automobile exception requires probable cause of a criminal offense or criminal contraband. It does not extend to non-criminal civil infractions. [1, 2]
- Impact of Legalization: Because voters downgraded minor marijuana possession to a civil infraction in 2018, its odor alone or suspicion of underage use fails to meet the constitutional threshold for a vehicle search. [1, 2]
- The Dissent: Justices Brian Zahra and Richard Bernstein dissented, arguing the search was legal because marijuana remains illegal contraband for minors. [1]
This ruling significantly strengthens Fourth Amendment protections in Michigan by forcing law enforcement officers to identify distinct indicators of actual criminal activity before tossing a vehicle
