World | Mon Jul 11, 2016 6:31pm EDT

Arizona police can search based on pot smell, despite legal uses: court

PHOENIX | BY DAVID SCHWARTZ

Police in Arizona may legally search an individual's home or vehicle based solely on the smell of marijuana, even though the drug is legal for medical use, the state Supreme Court ruled Monday.

In two unanimous opinions, the state’s highest court said the smell of marijuana can be used as probable cause to obtain a search warrant despite the fact that Arizona allows its use for medical purposes.

“The odor of marijuana in most circumstances will warrant a reasonable person believing there is a fair probability that contraband or evidence of a crime is present,” wrote Chief Justice Scott Bales.

The court rejected claims that a 2010 law legalizing the medical use of marijuana in the state means the smell test could no longer be used.

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