Kramer v. City of Loveland

Police turning minor traffic stops into full-blown searches for marijuana have been a frequent source police-community friction. Numerous exceptions to the Fourth Amendment warrant requirement have often left motorists at the mercy of police intent on carrying out a complete search of the driver and the vehicle. Because courts have held that an odor of marijuana provides grounds for a warrantless search, unscrupulous officers know that they can get away with an otherwise unjustifiable search by claiming that they smelled marijuana, a claim that is difficult to refute with objective evidence. In this case, where Loveland police turned a minor traffic stop into a full-blown search (that turned up nothing), ACLU attorneys were prepared to prove that a Loveland police officer fabricated his report that he smelled marijuana. No drugs were found, and a drug dog brought to the scene failed to alert. The City of Loveland agreed to a monetary settlement, avoiding the need for litigation.

“Loveland settles with ACLU over search and detainment from 2011 traffic stop (updated),” Loveland Reporter-Herald, May 9, 2013

“Man handcuffed by Loveland police to receive $35,000 settlement,” KDVR, May 9, 2013

“Loveland Settles Over 'Pot Smell' Traffic Stop,” CBS News, May 9, 2013

“Loveland settles over “pot smell” traffic stop,” The Denver Post, May 8, 2013