Search of vehicle after drug odor ruled illegal

KLAW Blog · August 12, 2019

A judge’s ruling that a vehicle search prompted by an odor of marijuana was illegal.

An Pennsylvania judge has ruled that state police who said they smelled marijuana in a vehicle weren’t allowed to search the vehicle once they were shown the driver’s medical marijuana card.

The (Allentown) Morning Call reports that a Lehigh County judge tossed out evidence cited in support of drug and firearms counts stemming from the Nov. 7 search of the vehicle in Allentown.

“The smell of marijuana is no longer per se indicative of a crime,” Judge Maria Dantos wrote in her opinion filed earlier this month.

Prosecutors must now decide whether to appeal to state Superior Court or try to move forward without the evidence.

Defense attorney Joshua Karoly said the ruling could help change a rule allowing police to search based solely on the odor of drugs.

An eastern Pennsylvania judge has ruled that state police troopers who said they smelled marijuana in a vehicle weren’t allowed to search the vehicle once they were shown the driver’s medical marijuana card.

Have you been arrested or charged with a crime?
Call Komorn Law for a free case evaluation now (248) 357-2550 or visit KomornLaw.com or Read client reviews.

“The smell of marijuana is no longer per se indicative of a crime,” Judge Maria Dantos wrote in her opinion filed Friday.

Search of vehicle after drug odor ruled illegal

Posted: August 12, 2019

A judge’s ruling that a vehicle search prompted by an odor of marijuana was illegal. An Pennsylvania judge has ruled that state police who said they smelled marijuana in a vehicle weren’t allowed to search the vehicle once they were shown the driver’s medical marijuana card. The (Allentown) Morning Call reports that a Lehigh County […]

0 comments

DID OHIO LAWMAKERS ACCIDENTALLY LEGALIZE MARIJUANA?

Posted: August 9, 2019

10TV WBNS was the first to break the news Wednesday that the City of Columbus will no longer prosecute misdemeanor marijuana cases. City Attorney Zach Klein says the decision is based on complications after the state legalized hemp. On July 30, Ohio Governor Mike DeWine signed Senate Bill 57 into law. It legalizes hemp in Ohio, […]

0 comments

Marijuana Policy Reform Legislation Review 2019

Posted: July 29, 2019

From the Marijuana Policy Project who was founded in January 1995 and medical marijuana was illegal in every state. Favorable legislation had not been introduced in Congress in a decade. Since then, Congress has approved budget riders to protect state-legal medical marijuana programs every year since late 2014; numerous bills have been introduced to remove federal […]

0 comments

Michigan Civil Forfeiture Asset Update 2019

Posted: July 24, 2019

Michigan Civil Forfeiture Asset 2019 Update from a 2017 ICLE interview on asset frofeiture with Michael Komorn and Jeff Frazier. US Supreme Court decided Tyson Timbs v. Indiana, 586 U.S. _____ (2019) on February 20, 2019. Tyson Timbs was convicted of drug charges that had a maximum monetary fine of $10,000. At the time of […]

0 comments

Nevada to introduce first banking system for the cannabis industry.

Posted: July 23, 2019

Nevada officials to introduce the nation’s first banking system for the cannabis industry.

0 comments

Criminal-Law-Defense-DUI-Drugged-Driving-Drug-Charges

Social Equity (Adult-Use Marijuana)

Posted: July 18, 2019

The Social Equity Program is available as a provision under MRTMA to promote and encourage participation in the marijuana industry by people from communities that have been disproportionately impacted by marijuana prohibition and enforcement and to positively impact those communities. Michigan Communities That Meet Criteria For The Social Equity Program Albion Benton Harbor Detroit East […]

0 comments

Federal data unmasks the epidemic of 76 billion opioid pills

Posted: July 17, 2019

There’s a database maintained by the Drug Enforcement Administration that tracks the path of every single pain pill sold in the United States — from manufacturers and distributors to pharmacies in every town and city. The data provides an unprecedented look at the surge of legal pain pills that fueled the prescription opioid epidemic, which has […]

0 comments

Proposed bill would expunge records of many marijuana offenses

Posted: July 16, 2019

It was Nov 6th 2018… a date many will never forget…a date many never perceived marijuana would become legal in their lifetime… So many friends disappeared into the legal system, so many lives and families ruined…and so much potential suppressed. The legal system made its money and had its glory days and surely they will […]

0 comments