State v. SiscoAnnotate this Case
Based on the odor of marijuana emanating from a storage warehouse, police officers obtained a warrant to search a unit in the warehouse. In the ensuing search, the officers seized marijuana growing equipment and hundreds of marijuana plants. The trial court denied Defendant’s motion to suppress, concluding that the passage of the Arizona Medical Marijuana Act (AMMA) did not impact the determination that the odor of marijuana suffices to establish probable cause of issuance of a search warrant. The court of appeals reversed, holding that after the adoption of AMMA, the scent of marijuana, alone, is insufficient evidence of criminal activity to supply probable cause. The Supreme Court vacated the court of appeals’ opinion and affirmed the trial court’s ruling denying the motion to suppress, holding (1) the odor of marijuana emanating from inside a vehicle suffices to establish probable cause unless other facts would cause a reasonable person to believe the marijuana use or possession is authorized by AMMA; and (2) under the totality of the circumstances of this case, the odor of marijuana established probable cause.