Court Turns Down "Plain Smell" Theory Regarding Marijuana

     To smell marijuana is not the same as to see it, a state appellate panel held in suppressing evidence of a 15-ounce pot stash a man tried to ship to Illinois.   FedEx workers called the police when they sniffed the contraband after accepting the package for shipping.  The police violated the Fourth Amendment's ban on unreasonable searches when they opened the package, which reeked of marijuana, without first getting a search warrant.


                                 This article is brought to courtesy of the Law Offices of Arna H. Zlotnik.  Criminal defense firm, and search and seizure issues always must be considered in evaluating a case strategy.  Serving the greater Los Angeles area and beyond.