The U.S. Supreme Court recently agreed to hear a case involving a Texas police officer, Roberto Felix Jr., who shot and killed a motorist, Ashtian Barnes, after stopping him for toll violations tied to the rental car he was driving. The issue in Barnes v. Felix is whether that use of deadly force, which happened after Felix leaped onto the car as Barnes began driving away, should be assessed based solely on "the moment of the threat" or based on an analysis that includes the circumstances that produced the threat. But another detail of the encounter reflects the role that the purported odor of marijuana plays in police stops that may lead to humiliating searches, cash seizures, arrests, or, as in this case, potentially lethal violence.
When Felix asked Barnes for his driver's license and proof of insurance, a federal judge noted in 2021, "Barnes informed him that he did not have his license and that he had rented the vehicle a week earlier in his girlfriend's name." Barnes started "reaching around the vehicle and rummaging through papers." Felix told him to stop "digging around" and "asked Barnes whether he had anything in the vehicle he should know about, claiming he smelled marijuana." Although a search conducted after Felix killed Barnes found no marijuana, the alleged odor helped escalate the encounter, indicating that Felix suspected Barnes of criminal activity as well as toll violations.
