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.
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