FREE e-Newsletter
Important News - Hot Topics
Get them Now!

Top News

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 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.

Join the Discussion

POLICE Magazine does not tolerate comments that include profanity, personal attacks or antisocial behavior (such as "spamming" or "trolling"). This and other inappropriate content or material will be removed. We reserve the right to block any user who violates this, including removing all content posted by that user.

Other Recent News

Video: Army Vet Shot 7 Times Trying to Stop Oregon College Shooter
"He ran to the library and pulled the alarms and he was telling people to run, grabbing...
Video: Sheriff Revises Casualty Count in Oregon College Shooting, Refuses to Name Shooter
Douglas County Sheriff John Hanlin said at least two responding officers acted heroically...
Umpqua Community College Considered Armed Guard, Dismissed Idea
Olson, a former deputy sheriff in Massachusetts, said the discussion about an armed guard...
Video: Man Pleads Not Guilty in Killing of Louisiana Trooper
Daigle, 54, is accused of murdering State Trooper Steven Vincent and Blake Brewer, the man...
California Deputy Shot in Face, Suspect in Custody
A Mariposa County, CA, sheriff's deputy was shot twice -- once in the mouth -- after a...

Get Your FREE Trial Issue and Win a Gift! Subscribe Today!
Yes! Please rush me my FREE TRIAL ISSUE of POLICE magazine and FREE Officer Survival Guide with tips and tactics to help me safely get out of 10 different situations.

Just fill in the form to the right and click the button to receive your FREE Trial Issue.

If POLICE does not satisfy you, just write "cancel" on the invoice and send it back. You'll pay nothing, and the FREE issue is yours to keep. If you enjoy POLICE, pay only $25 for a full one-year subscription (12 issues in all). Enjoy a savings of nearly 60% off the cover price!

Offer valid in US only. Outside U.S., click here.
It's easy! Just fill in the form below and click the red button to receive your FREE Trial Issue.
First Name:
Last Name:
Zip Code:
We respect your privacy. Please let us know if the address provided is your home, as your RANK / AGENCY will not be included on the mailing label.
E-mail Address:

Police Magazine