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Alameda Court Ruling: Cannabis Smell Doesn’t Justify A Full Legal Search




The Alameda County Superior Court has ruled that the odor coming from a car wasn’t enough to justify a full search of a vehicle.
The Alameda County Superior Court has ruled that the odor coming from a car wasn’t enough to justify a full search of a vehicle.
/Bloomberg via Getty Images

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The Alameda County Superior Court has ruled that the odor coming from a car stopped in Berkeley wasn’t enough to justify a full search of a vehicle, according to the San Francisco Chronicle.  

The appellate panel that made the ruling, which barred evidence of a loaded handgun that police found during the search of a vehicle. The ruling sets a precedent following Proposition 64, which allowed for adults 21 years and older to buy, possess and use marijuana. The ballot initiative was passed in November 2016. Legal questions remain around vehicle searches with complications between federal law and state law. Today on AirTalk, we talk about the legal ramifications of the case and what it could mean for cases moving forward. Do you have thoughts? Join the conversation by calling 866-893-5722.

Guest:

Christa Wasserman, litigator with Los Angeles based law firm Spertus, Landes & Umhofer; she’s handled civil and criminal cases at both the state and federal levels

Keith Stroup, legal director of the National Organization for the Reform of Marijuana Laws (NORML), a pro-marijuana legalization organization; he tweets @keithstroup