URL: http://www.mapinc.org/drugnews/v16/n164/a05.html
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Votes: 0
Pubdate: Thu, 17 Mar 2016
Source: Sun, The (Yuma, AZ)
Copyright: 2016 Associated Press
Contact: http://www.yumasun.com/sections/opinion/submit-letters/
Website: http://www.yumasun.com/
Details: http://www.mapinc.org/media/1258
ARIZ. HIGH COURT TO CONSIDER MARIJUANA SEARCH ISSUE
PHOENIX ( AP ) - The state Supreme Court plans to decide whether the
mere smell of marijuana is enough to justify a search by police in
the wake of Arizona's legalization of medical marijuana.
The justices agreed Tuesday 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 Tucson division ruled that
circumstances other than the mere smell of marijuana are now needed
to provide the legal basis for a search warrant.
The justices plan to hear oral arguments on the issue.
MAP posted-by: Jay Bergstrom
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