On Dec. 29, Pennsylvania’s highest court confirmed a decision by a trial court that said the smell of cannabis cannot be the sole basis of…
Summary
- On Dec. 29, Pennsylvania’s highest court confirmed a decision by a trial court that said the smell of cannabis cannot be the sole basis of a warrantless search by police officers.
- Then a trooper smelled the odor of burnt marijuana through the open window of the vehicle, wrote Chief Justice Max Baer in the majority opinion .
- Medical cannabis is legal in Pennsylvania, but not recreational This search by police was deemed unconstitutional by a trial court based it was solely on the smell of cannabis.
- The evidence the police procured could not be used in the trial and the small amount of cannabis charge was dismissed.
- One is that an officer who smells marijuana may also discover evidence of a violation of the [Pennsylvania medical cannabis law], which, in turn, may establish probable cause to believe a crime has been committed.”