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Arizona Supreme Court to decide if marijuana smell enough for search

  I thought that the Arizona Supreme Court had already ruled that the smell of marijuana was NOT probable cause for the police to search you, IF you have an Arizona medical marijuana card???

Maybe Tom Dean clarify this article?


Source

Arizona Supreme Court to decide if marijuana smell enough for search

Jack Kurtz/The Republic

AP 3:52 p.m. MST March 16, 2016

The state Supreme Court plans to decide whether the mere smell of marijuana is enough to justify a search by police in the wake of Arizona's legalization of medical marijuana.

The justices agreed Tuesday to consider appeals of contradictory rulings by the Phoenix and Tucson divisions of the state Court of Appeals.

A three-judge panel of the Phoenix division ruled the enactment of the medical marijuana law doesn't eliminate a legal doctrine that says the plain smell of marijuana is sufficient to establish probable cause for a search.

A ruling by a divided panel of the Tucson division ruled that circumstances other than the mere smell of marijuana are now needed to provide the legal basis for a search warrant.

The justices plan to hear oral arguments on the issue.

 


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