- Associated Press - Tuesday, August 13, 2019

ALLENTOWN, Pa. (AP) - Prosecutors are appealing an eastern Pennsylvania judge’s ruling that state troopers who said they smelled marijuana in a car weren’t allowed to search it once they were shown a passenger’s medical marijuana card.

The (Allentown) Morning Call reports that the Lehigh County District Attorney filed an appeal Monday of the ruling tossing out evidence cited in support of drug and firearms counts stemming from the Nov. 7 search in Allentown.

Judge Maria Dantos wrote that “The smell of marijuana is no longer per se indicative of a crime.”

Heather Gallagher, chief of appeals, said other states that have decriminalized small amounts of marijuana and allow medical marijuana still allow searches of vehicles when officers smell cannabis.

Defense attorney Joshua Karoly said he believes the ruling will be upheld.



___

Information from: The Morning Call, http://www.mcall.com

Sign up for Daily Newsletters

Copyright © 2019 The Washington Times, LLC.

The Washington Times Comment Policy

The Washington Times welcomes your comments on Spot.im, our third-party provider. Please read our Comment Policy before commenting.

 

Click to Read More and View Comments

Click to Hide