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Pennsylvania

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TexasTowelie

(118,642 posts)
Tue Jan 4, 2022, 03:28 AM Jan 2022

Pa. Supreme Court rules smell of marijuana alone doesn't justify warrantless vehicle searches [View all]

The scent of marijuana can no longer be used as the sole justification for warrantless vehicle searches in Pennsylvania, the state's Supreme Court ruled on Wednesday.

The decision came as part of a ruling on a vehicle search – based solely on the odor of cannabis – conducted three years ago by state police after a traffic stop in Allentown.

“The odor of marijuana alone does not amount to probable cause to conduct a warrantless search of the vehicle," Chief Justice Max Baer wrote in the court's majority opinion. Still, he said the scent "may be considered as a factor in examining the totality of the circumstances."

The defendant was Timothy Oliver Barr II, who was in the passenger seat while his wife Teri Barr was driving. The couple was pulled over for failing to stop at a solid white line before an overpass.

Read more: https://www.phillyvoice.com/pennsylvania-supreme-court-marijuana-scent-warrantless-vehicle-search-traffic-stop-allentown/

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