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Home / Opinion Digests / Criminal Law / No retroactive application of statute to suppress evidence (access required)

No retroactive application of statute to suppress evidence (access required)

A 2021 statute that precludes vehicle searches based solely on the odor of marijuana and requires suppression of evidence found during such searches cannot be applied retroactively to exclude a weapon found during a 2019 search of appellant’s vehicle. Introduction Police stopped appellant’s vehicle on Nov. 19, 2019, because the registration had expired. “While talking with the ...