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Friday, October 03, 2025

SOMETHING (DOESN'T) SMELL RIGHT

 The Second DCA leads the way. 

The now, oh so familiar scent of marijuana is no longer probable cause.  The decision is en banc (literally "a whole bunch of us, like all of us, thought about this for a really long time")


Opinion Smell Marijuana by Anonymous PbHV4H

3 comments:

Anonymous said...

More like the 5th DCA. This has been the law since Baxter in 2024 and Ford in 2025. The 2d DCA came around late (and as you allude to didn’t need to write 72 pages). A couple pages following Baxter and Ford would have been fine.

Anonymous said...

In a sane world that would have been automatic.

Anonymous said...

That Villanti dissent, and Moe partial dissent. The holdouts.