Pot: Take a Whiff, but get a Warrant

Ernst

Well-Known Member
Pot: Take a whiff, but get a warrant

http://blog.sfgate.com/crime/2011/10/24/pot-take-a-whiff-but-get-a-warrant/

More news than Legalization but important nonetheless.

When police are someplace they have a right to be and catch a glimpse of something that’s obviously contraband — a stash of marijuana, say — they can seize it without a warrant.
But what about a strong whiff of the same dope? Nope.
Under California case law, the Second District Court of Appeal observed Monday, “to smell it is not the same as to see it.”
 
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