Its quite a week for news about cops smelling pot. The Washington State Supreme Court ruled this morning that an officer was unjustified when he arrested a car passenger after smelling marijuana. On behalf of the unanimous court, Justice Charles W. Johnson wrote:

Each individual possesses the right to privacy, meaning that person has the right to be left alone by police unless there is probable cause based on objective facts that the person is committing a crime. This probable cause requirement is derived from the language of the Fourth Amendment to the United States Constitution, which provides, “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause … .” Our state constitution similarly protects our right to privacy in article I, section 7, stating, “[n]o person shall be disturbed in his private affairs, or his home invaded, without authority of law.”

We hold that the smell of marijuana in the general area where an individual is located is insufficient, without more, to support probable cause for arrest.