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Pa. Supreme Court Rules Smell Of Marijuana Alone Not Enough To Justify Warrantless Search...

Pa. Supreme Court Rules Smell Of Marijuana Alone Not Enough To Justify Warrantless Search...

Rulings like these are almost always "W"s

check out the article though.

-AL North

December 30, 2021

By KDKA

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

HARRISBURG, Pa. (AP) — The smell of marijuana can be a factor police use to justify a search without a warrant but can’t be the sole basis for it, the Pennsylvania Supreme Court ruled Wednesday.

The court said a state police search of a vehicle in Allentown three years ago was conducted only because the troopers smelled

“The odor of marijuana alone does not amount to probable cause to conduct a warrantless search of the vehicle but, rather, may be considered as a factor in examining the totality of the circumstances,” wrote Chief Justice Max Baer for the majority.

Troopers pulled over the vehicle after it had failed to stop at a solid white line before an overpass, and smelled burned marijuana through a window, Baer recounted.

Police found a plastic bag with less than 1 gram of marijuana next to the front center console, with no markings that would have indicated it was purchased from a dispensary. They also recovered a loaded handgun from beneath the driver’s seat.

The defendant, Timothy Oliver Barr II, and the driver, his wife, produced medical marijuana cards.

The trial court ruled the search unconstitutional and said the evidence it produced...read the rest here

 

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