The state’s top court to release decision on police searches that have been subject to contradictory appeals court rulings
By The Associated Press
PHOENIX — The state Supreme Court plans to release a ruling Monday on whether the mere smell of marijuana is enough to justify a search by police in the wake of Arizona’s legalization of medical marijuana.
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The justices agreed in March 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 appeals court’s Tucson division ruled that circumstances other than the mere smell of marijuana are now needed to provide the legal basis for a search warrant.
What are you thoughts on the marijuana smell issue in Arizona? Let us know in the comments below…
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