Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

WA: MMJ authorization did not negate PC for marijuana

By John Wesley Hall, Jr.

Telephonic search warrant was validly issued for defendant's house on smell of burning marijuana. Defendant's production of a medical marijuana authorization before the search did not negate probable cause because it was an affirmative defense to possession. State v. Fry, 2010 Wash. LEXIS 64 (January 21, 2010) (dissent): There is no contention that the facts, including the information and smell of marijuana, do not support a finding of probable cause to search the Frys' residence. However, Fry contends the probable cause was negated once he produced the authorization. Although there was a later dispute over the validity of the authorization, there is no indication in the record that the officers or the magistrate questioned the validity at the time the search warrant was issued...continue to full post

Full post as published by Fourth Amendment on January 25, 2010 (boomark / email).