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Home / Opinion Digests / Criminal Law / Statute banning search based on pot odor not retroactive (access required)

Statute banning search based on pot odor not retroactive (access required)

Where the police conducted a search based on the smell of marijuana coming from a vehicle, appellant’s motion to suppress, based on a statute banning such searches, was correctly denied. The statute became effective after the search was conducted. Two Court of Appeals panels have ruled the statute is not retroactive. Background In April 2019, a police officer ...