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Calif. High Court Rejects 'Plain Smell' Test for Marijuana

June 27, 2013  | 

Photo via eggrole/Flickr.
Photo via eggrole/Flickr.
The California Supreme Court Tuesday rejected a prosecutor's argument that officers don't need a search warrant to seize a package that smells of marijuana.

The unanimous decision stemmed from a Santa Barbara County case where a FedEx employee reported smelling marijuana in a package. Officers took the package to the station, where they opened it and found 444 grams of marijuana. The alleged sender was charged.

The prosecutor had argued the warrantless search was proper under the "plain smell" test, reports the Los Angeles Times.


Comments (5)

Displaying 1 - 5 of 5

richard @ 6/27/2013 5:28 PM

now therre's a judge that likes his or her mary jane.

Ken @ 6/27/2013 6:11 PM

HMMMMMMMMMmm....what a crazy decision by our Liberal Judges....the next step will be to overturn any drug seizures based on drug detecting dogs used extensively by all narcotics cops and fed agents.....it is no wonder that dealing in drugs and narcotrics is so prevalent when our courts continually handcuff our police and fed agents with these incomprehensible decisions which sets legal precedents for future similar cases.....ACLU and their Libs followers are smiling as they light up their joints.......ohhhh, don't forget explosive detecting dogs too.....what a Pandora's Box has been opened!!!

PD @ 6/27/2013 8:22 PM

I get it... California "High" court! What a hoot!

Pat @ 6/27/2013 9:53 PM

The story is incorrect. The Supreme Court held that the warrantless seizure of the package was lawful but that the officer needed a warrant before he searched (opened) the package. Basic stuff. Nothing radical here.

Sgt. Mike @ 6/30/2013 9:34 PM

I agree Pat. The Fourth Amendment has not changed.

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