Wisconsin Supreme Court Rules Cannabis Odor Enough To Justify Search

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A circuit court judge and an appeals court agreed and ruled that the evidence discovered in the search was not admissible. After closer examination, the officers discovered a hidden pocket inside the zipper of Moore’s pants, where they discovered packets of fentanyl and cocaine. The Wisconsin Supreme Court ruled this week that the scent of cannabis alone constitutes probable cause to justify a search by police, despite the legalization of other products such as hemp that have similar odors. Decision Overrules Lower Courts in Wisconsin The Supreme Court disagreed with the previous rulings, overruling the lower court decisions and deciding the evidence gained in the search could be used in court. In their report, the officers state that while talking to Moore, they detected a strong odor of burnt cannabis emanating from the vehicle.

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The Wisconsin Supreme Court ruled this week that the scent of cannabis alone constitutes probable cause to justify a search by police, despite the legalization of other products such as hemp that have similar odors. The court’s conservative majority ruled in a 4-3 decision that police officers in Marshfield, Wisconsin, had enough probable cause to search a defendant after detecting the smell of cannabis in the car he was driving and declined to exclude evidence discovered during the warrantless search. The ruling overturns two lower court rulings that found the evidence gained in the search was inadmissible because officers could not be certain if they smelled...

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