The Kansas Court of Appeals has upheld the drug possession convictions of Joshua Charles Orpin, affirming that the smell of burnt marijuana provided law enforcement with probable cause to search his vehicle. This decision, filed on November 6, 2026, impacts how similar cases may be handled in the future, particularly regarding the legality of searches based on the detection of marijuana odors.

The case stems from an incident in January 2024, when Officer Gary Schemper of the Fairway Police Department encountered Orpin's stalled vehicle obstructing traffic. After detecting the strong odor of burnt marijuana, the officer conducted a search that yielded methamphetamine and drug paraphernalia. Orpin was subsequently charged with felony possession of methamphetamine and misdemeanor possession of drug paraphernalia.

Background

Joshua Charles Orpin was driving a Nissan Altima that stalled on a busy street, prompting Officer Schemper to approach him. The officer's training in detecting marijuana odors led him to smell burnt marijuana when he spoke with Orpin. After moving the car to a nearby parking lot, Officer Schemper searched the vehicle, resulting in the discovery of illegal substances.

Prior to trial, Orpin filed a motion to suppress the evidence obtained during the search, arguing that the officer lacked probable cause. The district court denied this motion, leading to a bench trial where the court found Orpin guilty based on stipulated facts. He was placed on probation for 12 months and received concurrent sentences for his convictions.

The Ruling

The Kansas Court of Appeals ruled that the district court acted correctly in denying Orpin's motion to suppress. The court stated, "The smell of marijuana coming from a vehicle gives the law enforcement officer, who is trained in detecting the odor of marijuana, probable cause to search the vehicle." The ruling emphasized that the odor alone is sufficient for probable cause under Kansas law.

The judges, including Bruns, Coble, and Isherwood, affirmed the lower court's decision, stating that the totality of the circumstances supported the officer's actions. The court noted that the smell of burnt marijuana indicated recent illegal activity, reinforcing the officer's decision to search the vehicle.

Impact

This ruling has significant implications for future cases involving searches based on the smell of marijuana. It reinforces the precedent that trained law enforcement officers can establish probable cause through the detection of marijuana odors, even as neighboring states have legalized its use. The court's decision underscores that in Kansas, the possession of marijuana remains illegal, and its odor is considered evidence of a crime.

Orpin's case illustrates the ongoing legal complexities surrounding marijuana laws, particularly in states where neighboring jurisdictions have adopted more lenient policies. This ruling may influence how similar cases are handled in the future, potentially affecting individuals charged with drug-related offenses.

What's Next

Orpin has the option to appeal the decision to the Kansas Supreme Court, although details on any related cases were not available in the court filing. The outcome of this case may prompt further discussions on marijuana legislation and its implications for law enforcement practices in Kansas.