To: wildbill
I support the legalization of marijuana, and also support limiting cops' ability to search our vehicles.
But even so, since marijuana IS illegal, I don't really see how its tell-tale odor doesn't qualify as probable cause for a search.
2 posted on
10/24/2002 1:01:46 PM PDT by
Maceman
To: Maceman
I don't really see how its tell-tale odor doesn't qualify as probable cause for a search.You mean besides the fact that an odour detectable outside a home is more likely to be coming from outside than in? Letting it stand would just give the cops a wonderful tool to go on fishing expeditions.
To: Maceman
But even so, since marijuana IS illegal, I don't really see how its tell-tale odor doesn't qualify as probable cause for a search. The court didn't say that marijuana odor was insufficient for probable cause for a search, only that it was insufficient for a warrentless search.
"The odor of marijuana, standing alone, does not authorize a warrantless search and seizure in a home," wrote Judge Charles Holcomb in a 6-3 opinion.
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