Courts in Arizona ruled last week that the smell of marijuana is no longer enough for police to get a warrant and bust down someone's door.
Previously, courts determined that the odor of the plant, whether fresh or freshly smoked, was enough to provide police with "probable cause" that a crime was taking place. That provided the basis to go to a judge to seek permission to enter where the smell was coming from.
However, this rule came under scrutiny following a 2010 ruling that made medical marijuana legal. Now, a recent ruling determined that the smell of raw or burnt cannabis could no longer be used to determine probable cause.
"Medical marijuana use pursuant to AMMA is lawful under Arizona law," said Judge Peter Eckerstrom in the court's ruling, according to the Daily Chronic. "Therefore, its scent alone does not disclose whether a crime has occurred."
This means the smell of marijuana alone does not provide a constitutional basis for a search. Instead, authorities would need to establish an "odor-plus" policy when investigating potential criminal activity associated with marijuana, according to Counter Current News.
This ruling is a setback for police who, until now, had no need for additional justification when pursuing legal action against those under suspicion of possessing marijuana, according to the Arizona Daily Star.
Many in Arizona see this as a victory. However, this consideration could become moot if Arizona voters legalize marijuana for adult use in 2016.
