An Important Court Ruling For Potheads
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| Volume 83 Number 17 Wednesday, July 30, 2008 |
Page 667
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| ISSN 1525-2213 | |
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Court Decisions
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| Search and Seizure Arresting Everyone in Vehicle on Basis Of Pot Aroma Violates State Constitution |
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The Washington Supreme Court July 17 relied on the privacy guarantee in its state constitution to hold that a police officer’s detection of the odor of marijuana emanating from a vehicle with multiple occupants does not provide probable cause to arrest all of them. The court, which has frequently found the state constitution more protective than the Fourth Amendment, declined to embrace what it called the “‘common criminal enterprise’ inference” endorsed by the U.S. Supreme Court in Maryland v. Pringle, 540 U.S. 366, 74 CrL 183
(2003). (State v. Grande, Wash., No. 81068-1, 7/17/08)In this case, a police officer noticed a car with very darkly tinted windows and pulled it over. On smelling the scent of marijuana coming from the vehicle, the officer placed both the driver and her passenger–the defendant–under arrest and searched their persons. He found a pipe with a small amount of marijuana on the defendant. -
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