Pennsylvania Says Legal Medical Marijuana Means Cops Can't Just Sniff Their Way Into Warrantless Searches

Pennsylvania Says Legal Medical Marijuana Means Cops Can't Just Sniff Their Way Into Warrantless Searches

2 years ago
Anonymous $dEyjbtEkMr

https://www.techdirt.com/articles/20220101/17493048215/pennsylvania-says-legal-medical-marijuana-means-cops-cant-just-sniff-their-way-into-warrantless-searches.shtml

The legalization of marijuana is changing the probable cause equation all over the nation. What used to be an easy bust and/or a great way to engage in warrantless searches is no longer guaranteed. Probable cause on four legs -- police drug dogs -- can't automatically justify further intrusion by police officers. A drug dog trained to detect the odor of now-legal drugs is now more a hindrance than an enabler of warrantless searches.

The other subjective contributor to warrantless searches -- "odor of marijuana" -- is no longer an automatic pass for government intrusion. Both factors -- dogs sniffs and cop sniffs -- are almost impossible to challenge, seeing as they rely solely on the officer's subjective interpretation of animal activity and/or odors in the air. Fortunately, we'll be seeing less and less of this dubious "evidence" in the future as marijuana legalization continues around the country.

Pennsylvania Says Legal Medical Marijuana Means Cops Can't Just Sniff Their Way Into Warrantless Searches

Jan 19, 2022, 7:24am UTC
https://www.techdirt.com/articles/20220101/17493048215/pennsylvania-says-legal-medical-marijuana-means-cops-cant-just-sniff-their-way-into-warrantless-searches.shtml > The legalization of marijuana is changing the probable cause equation all over the nation. What used to be an easy bust and/or a great way to engage in warrantless searches is no longer guaranteed. Probable cause on four legs -- police drug dogs -- can't automatically justify further intrusion by police officers. A drug dog trained to detect the odor of now-legal drugs is now more a hindrance than an enabler of warrantless searches. > The other subjective contributor to warrantless searches -- "odor of marijuana" -- is no longer an automatic pass for government intrusion. Both factors -- dogs sniffs and cop sniffs -- are almost impossible to challenge, seeing as they rely solely on the officer's subjective interpretation of animal activity and/or odors in the air. Fortunately, we'll be seeing less and less of this dubious "evidence" in the future as marijuana legalization continues around the country.