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Pennsylvania supreme court rules smell of cannabis cannot be sole pretext for police search

Pennsylvania supreme court rules smell of cannabis cannot be sole pretext for police search
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Pennsylvania’s highest court confirmed Wednesday that police may not use the scent of cannabis as the sole basis for a search without a warrant. The case concerns a motorist whose vehicle was searched on this basis in 2018; Since then, cannabis has been legal in the state for as long as it is prescribed.

“We reiterate that the record supports the court’s conclusion that soldiers searched the vehicle in question based solely on the smell of marijuana,” Bayer wrote in the majority opinion. “We also see that the smell of marijuana alone does not amount to a possible cause for an illegal vehicle search, but instead, could be considered a factor in the overall examination of the circumstances.”

Prosecutors — the Lehigh County District Attorney, in this case — argued unsuccessfully that the scent of cannabis “has not lost the scent of cannabis by virtue of its legality for some,” citing the state’s medical cannabis law, according to the Associated Press. Journalism.

“It definitely isn’t criminal, but she criminalize“He was good enough for two of the nine PA Supreme Court justices to go, one of whom, Judge Kevin M. may also discover evidence of a violation of [law]which, in turn, may establish probable cause to believe that a crime has been committed.”

I was going to describe this as a shot at the poisonous tree fruit legal doctrine, which generally prohibits the use of illegally obtained evidence, but until I read the entire dissent, I don’t want to assume Judge Dougherty is familiar with it.

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