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California Supreme Court

Apr. 6, 2013

State Supreme Court may adopt a limited 'plain smell' exemption to the 4th Amendment

State Supreme Court justices suggested they might adopt a limited exception to the Fourth Amendment prohibition against unreasonable search and seizure based on smell alone.


By Emily Green


Daily Journal Staff Writer


LOS ANGELES - State Supreme Court justices suggested they might adopt a limited exception to the Fourth Amendment prohibition against unreasonable search and seizure based on smell alone.


Even so, the defendant in this case might prevail because the justices could find Santa Barbara County officers violated the law when they opened a Federal Express package reeking of marijuana without first obtaining ...

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