The disparity — that the smell of unsmoked marijuana is justification for a warrantless search, while the smell of smoked pot is not — “defies logic,” Justice Mary K. O’Brien wrote in her dissent. The disparity — that the smell of unsmoked marijuana is justification for a warrantless search, while the smell of smoked pot is not — “defies logic,” Justice Mary K. O’Brien wrote in her dissent.  Read More  

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