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Home / Opinion Digests / Criminal Law / No retroactivity of search ban based on marijuana odor (access required)

No retroactivity of search ban based on marijuana odor (access required)

Where a police detective stopped appellant for driving with his high beams on and searched his vehicle after smelling marijuana, a law enacted more than a year later that banned searches based solely on smelling marijuana cannot be retroactively applied to exclude from evidence marijuana found in the vehicle. Under Virginia jurisprudence, procedural changes in a ...