California Courts of Appeal
Oct. 26, 2011
Sight and smell should not be treated the same in searches, court says
To smell marijuana is not the same as to see it, a state appellate panel held Monday in suppressing evidence of a 15-ounce pot stash a Santa Maria man tried to ship to Illinois.
Daily Journal Staff Writer
To smell marijuana is not the same as to see it, a state appellate panel held Monday in suppressing evidence of a 15-ounce pot stash a Santa Maria man tried to ship to Illinois.
The 2nd District Court of Appeal panel voted 3-0 that the police violated the Fourth Amendment's ban on unreasonable searches when they opened the package - which the panel said reeked of marijuana - without first getting a...
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