STATE v. BRAUD (2026)

Writ application granted. See per curiam.

The trial court judgment granting the defendant's motion to suppress is reversed. Legal conclusions made in adjudicating a motion to suppress are reviewed de novo. State v. Lowry, 24-0697 (La. 10/24/25), 421 So. 3d 949, 950.

This Court has previously held that the odor of marijuana is sufficient to establish probable cause to search a vehicle pursuant to the plain smell doctrine. State v. Allen, 10-1016 (La. 5/7/10), 55 So. 3d 756 (explaining that the plain smell doctrine is a “logical extension of the plain view doctrine”). There is no serious dispute that, based upon the responding officer's testimony, the officers had probable cause to search the vehicle in this case.

Instead, the trial court ruling effectively limited the officers’ ability to conduct a search of the passenger compartment of the vehicle after recovering a small amount of marijuana in the passenger's handbag. That was legal error. There is no requirement that a search justified by plain smell cease immediately upon an initial discovery of marijuana. See State v. Arnold, 11-0626 (La. 4/27/11), 60 So. 3d 599, 600 (marijuana odor “provided the officers with probable cause to search the passenger compartment pursuant to the automobile exception to the warrant requirement”) (emphasis added). See also generally California v. Acevedo, 500 U.S. 565, 570, 111 S.Ct. 1982, 114 L.Ed.2d 619 (1991) (“[I]f probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its contents that may conceal the object of the search”) (emphasis added, citation omitted); State v. Jackson, 09-1983, pp.11-12 (La. 7/6/10), 42 So. 3d 368, 374-75 (collecting cases in plain view context). Once probable cause extended to the vehicle, the officers were permitted to search any area of the passenger compartment capable of concealing additional marijuana or related contraband.

For these reasons, we find the trial court legally erred in granting the motion to suppress.

REVERSED AND REMANDED

Griffin, J., would grant and docket. Guidry, J., would grant and docket.