N.J. court rules marijuana smell still probable cause
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The subscription service is currently unavailable. Please try again later.TRENTON — A New Jersey appellate court on Tuesday ruled that despite a 2010 law legalizing medical marijuana, its smell is still grounds for a warrantless search.
An attorney for George A. Myers, who was arrested in January 2012 after he was found with a small amount of marijuana and a handgun, had argued before the three-person panel that the law had removed the presumption that a marijuana odor means someone is illegally in possession of the substance.
The court disagreed, saying, "We hold that absent evidence the person suspected of possessing or using marijuana has a registry identification card, detection of marijuana by the sense of smell, or by the other senses, provides probable cause to believe that the crime of unlawful possession of marijuana has been committed."
Amira Scurato, the public defender for Myers, said she was "disappointed" in the decision and planned to petition the...
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