The smell of marijuana cannot be the lone basis police use to justify a warrantless search, according to a Pennsylvania Supreme Court ruling on Wednesday.

A vehicle search was conducted three years ago for the sole reason that officers smelled marijuana.

"The odor of marijuana alone does not amount to probable cause to conduct a non-warranted search of the vehicle but, rather, may be considered as a factor in examining the totality of the circumstances," Chief Justice Max Baer wrote.

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At the time of the search, the vehicle had been pulled over because the driver did not stop at a solid white line prior to an overpass, Baer said, and officers could smell marijuana at the window.

A loaded handgun and a less than one gram bag of marijuana were found in the vehicle of Timothy Barr II, the defendant, and his wife, the driver, according to a report.

The bag of marijuana had no indications that it was bought at a dispensary, but both the defendant and his wife showed their medical marijuana cards.

The trial court initially dismissed the possession of marijuana charge, said the evidence produced from the search could not be used in court, and it ruled the search unconstitutional.

The prosecution argued the smell of marijuana "has not lost its 'incriminating' smell by virtue of its legality for some," according to a brief.

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However, the majority on the Supreme Court supported reinstating the order suppressing the evidence and supported the trial judge's determination.