Arizona: Court Rules Smell Of Marijuana Can't Be Only Basis For Searches

[Jacob Redmond]

An Arizona court ruling says legalization of medical marijuana means the smell of pot cannot be the only basis for obtaining a search warrant to investigate suspected illegal activity.

Ruling that a judge in Tucson shouldn't have allowed evidence from a search, the state Court of Appeals overturned a man's convictions on marijuana and child abuse charges.

The man was arrested after police obtained a warrant to search a warehouse after smelling marijuana. Police found pot plants, growing equipment and evidence that a young child lived there.

The ruling Monday said voters' legalization of possession, cultivation and use of medical marijuana means circumstances other than mere possession now determines whether there's a legal basis for a search.

Spokesman Ryan Anderson said the Attorney General's Office is considering whether to appeal.

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[Radogast]

This makes all the difference.
When Massachusetts State Supreme Court made a ruling that it was unlawful to search for marijuana possession, the cops basically gave up - a very good thing

 

[hempaz]

Obfuscate ... its the clear weapon of choice for those opposed to the legalization of both #MedMj and #RecMj.

Usually spear-headed by some right-wing fanatico with a vested interest in maintaining the testing status quo.

Though recently the State of Colorado Supreme Court held firm (again) opting to weigh in heavily on a company's right to adhere to a zero tolerance policy ...

The detriment arises for those tested positive for the break-down molecules of THC (not the THC itself ... they don't test for THC, but rather they test for what the THC breaks-down into over the next (30) days).

Now, today ... FLASH ... We have a 25-year old newscaster in Eugene, Oregon ... ANOTHER legal #MedMj and #RecMj state getting canned for testing positive for the break-down molecules of THC ... not the THC itself.

Here, in this article, smell has been eliminated as a probable cause in Az.

Why not eliminate those dang break-down molecules, too?

How in the hell can you legitimately fire a person who tests positive for those?

What if I simply had a hemp-shake a couple of days ago?

Would I test positive for the break-down molecules of THC then?

Why don't you just take a snip of everyone's hair, you bunch of right-wing, wacko NAZIs and find out who actually attended those 'Yes' concerts of yesteryear where more doobies were lit up by the 25,000 strong crowds than fireflies in a southern Illinois summer!

And, that was while toking 4% bush-weed the Mexicans and Jamaicans USED to grow!

How much more potent, and how many more break-down molecules can we find today?

Where can I find the nearest outdoor rock-concert 'cloud' to test my theory?

Oh! Still not legal to smoke outdoors, heh?

Oh, well ... there's always the public golf course ... for toke'n, and for grow'n, and now ... for test'n!

Robert Hempaz, PhD Trichometry™

 

[hempaz]

Don't expect Arizona's finest, and Sheriff Joe's posse ... to stop reporting burned rope smells in Az.

They just can't convict on smell only now.

 

[Radogast]

Don't expect Arizona's finest, and Sheriff Joe's posse ... to stop reporting burned rope smells in Az.

They just can't convict on smell only now.

They can't get a search warrant - or conduct a search on smell only.

But yeah, Sheriff pink panties Arpaio is not likely to follow the law.