WebCommonwealth v. Grooms, 247 A.3d 31, 40 n.11 (Pa. Super. 2024) (citation omitted). As such, it is not hard to envision a situation where the smell of marijuana could supply an … WebCommonwealth v. Barr The Pennsylvania Supreme Court held that that “the smell of marijuana may be a factor, but not a stand-alone one, in determining whether the totality of the circumstances established probable cause to permit a police officer to conduct a warrantless search of a vehicle.” Troopers pulled the defendant’s car over.
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WebCommonwealth v. Barr, 266 A.3d 25, 41 (Pa. 2024) (quoting Commonwealth v. Barr, 240 A.3d 1263 (Pa. Super. 2024)). However, what Section 3802(d)(1) prohibits - 13 - J-A05017-22 is not “growth, processing, manufacture, acquisition, transportation, sale, dispensing, distribution, possession [or] consumption of medical marijuana” but rather ... WebSee Commonwealth v. Barr, -6- J-S34020-21 No. 28 MAP 2024, 2024 WL 6136363, *15 (Pa. Dec. 29, 2024) (holding troopers lacked probable cause based solely on smell of burning marijuana, after enactment of Medical Marijuana Act). The evidence is clear that Trooper Hartung arrested Bennett after the trooper not only smelled burnt marijuana from …
WebMay 15, 2024 · The Commonwealth appealed. The Superior Court agreed that with the passage of the MMA, the smell of burnt marijuana, by itself, is no longer sufficient to … WebOct 19, 2024 · Odor of Marijuana Alone is Not Probable Cause In the case of Commonwealth v. Barr, the police made a routine traffic stop for a driving violation, and, after approaching the vehicle, the police smelled marijuana.
WebMay 5, 2024 · In Commonwealth v. Dabney, 274 A.3d 1283, 129 (Pa.Super. 2024), we assumed, arguendo, that Barr applies to a determination of reasonable suspicion for an investigative detention, and we held that the officer could consider the odor of raw marijuana, as well as other factors, in making that determination. Summary of this case … WebCommonwealth v. Barr The Pennsylvania Supreme Court held that that “the smell of marijuana may be a factor, but not a stand-alone one, in determining whether the totality …
WebCommonwealth v. Barr, T., Aplt. (concurring) Annotate this Case. Download PDF [J-70-2024][M.O. – Baer, C.J.] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE …
WebJustia › US Law › Case Law › Pennsylvania Case Law › Pennsylvania Superior Court Decisions › 2024 › Com. v. Cunningham, D. Com. v. Cunningham, D. (opinion) Annotate this Case ely schartzWebCommonwealth v. Barr, 240 A.3d 1263 (Pa. Super. 2024). The Superior Court noted that the Commonwealth presented a multipart argument that the trial court erred by … ford maverick truck 2022 hybrid batteryWebSep 25, 2024 · Commonwealth v. Barr, No. 2347 EDA 2024 Document Cited authorities 28 Cited in 29 Precedent Map Related Vincent 240 A.3d 1263 COMMONWEALTH of Pennsylvania, Appellant v. Timothy Oliver BARR II No. 2347 EDA 2024 Superior Court of Pennsylvania. Submitted May 19, 2024 Filed September 25, 2024 ely schedulerWebFeb 14, 2024 · See Commonwealth v. Bumbarger, 231 A.3d 10, 15 (Pa. Super. 2024), appeal denied, 239 A.3d 20 (Pa. 2024). A. "The law is clear that citizens are protected by both federal and state constitutional provisions from unreasonable searches and seizures. U.S. Const. Amend. IV; Pa. Const. Art. I, § 8." Martin, supra at 1228 (case citation omitted). ely scrap storeWebSep 24, 2024 · In Barr, the Pennsylvania Superior Court concluded that the odor of marijuana alone does not automatically justify the warrantless search of a car. Similarly, in Commonwealth v. Alexander, the Pennsylvania Supreme Court determined that absent exigent circumstances, police must obtain a search warrant prior to searching a motor … ford maverick truck 2022 hWebNov 30, 2024 · Commonwealth v. Barr, 266 A.3d 25, 40 (Pa. 2024) (citations omitted). Pursuant to the "plain smell" doctrine, Pennsylvania courts historically held that the smell of marijuana alone would provide officers probable cause to conduct a warrantless search. elyscia watson-lesterWebSep 23, 2024 · In Commonwealth v. Dabney, 274 A.3d 1283, 1293 (Pa.Super. 2024), we assumed arguendo that Barr applies to a determination of reasonable suspicion for an investigative detention, and held that the officer could consider the odor of marijuana as well as other factors in making that determination. In Commonwealth v. elys chemical industries limited