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

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.

June 26, 2013

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.

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