Arizona Court of Appeals Rules Smell of Cannabis Not Grounds for Warrant
Arizona’s Court of Appeals has ruled that since cannabis is legal in the state for medical purposes, the smell of cannabis alone is not probable cause for obtaining a search warrant.
“Medical marijuana use pursuant to AMMA is lawful under Arizona law,” said Judge Peter Eckerstrom in the court’s ruling. “Therefore its scent alone does not disclose whether a crime has occurred.”
Now, cops must come up with additional evidence in order to justify and obtain a warrant.
“Were we to adopt the state’s suggestion that scent alone furnishes probable cause of a crime, medical marijuana patients would become second-class citizens, losing their rights to privacy and security, including privacy within their own homes,” said Eckerstrom.
The ruling sets immediate precedent across the state.
– TheJointBlog