Pubdate: Sun, 26 Jul 2015
Source: Arizona Republic (Phoenix, AZ)
Copyright: 2015 Associated Press
Contact: http://www.azcentral.com/arizonarepublic/opinions/sendaletter.html
Website: http://www.azcentral.com/arizonarepublic/
Details: http://www.mapinc.org/media/24

ARIZONA COURTS AT ODDS

(AP) - Arizona courts appear at odds over the possible impact of 
legalized medical marijuana on the ability of police to conduct 
searches prompted solely by officers smelling the drug.

In one case, a three judge panel of the state Court of Appeals ruled 
Thursday that a police search of a man's car during a traffic stop 
was permissible because an officer smelled burnt marijuana.

The panel rejected a defense argument that legalized medical 
marijuana means police must assume that any marijuana they smell or 
see is lawful until shown otherwise.

However, a different panel of the same court ruled Monday in a 
different case that legalization of medical marijuana means 
circumstances other than mere possession now determine whether 
there's a legal basis for a search.

Demanding evidence of criminal activity "beyond the mere scent of 
marijuana" strikes a reasonable balance that preserves individuals' 
rights to privacy, Judge Peter Eckerstrom wrote in that ruling.

That case involved a search warrant issued for a building after an 
officer smelled pot.

The Court of Appeals ruling issued Thursday noted that the two cases 
involved different circumstances and didn't directly conflict.
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MAP posted-by: Jay Bergstrom