Commonwealth v. Barr, T. - No. (Granted) (petitions for allowance of appeal)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent v. TIMOTHY OLIVER BARR II, Petitioner : No. 583 MAL 2020 : : : Petition for Allowance of Appeal : from the Order of the Superior Court : : : : : : ORDER PER CURIAM AND NOW, this 28th day of April, 2021, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to all remaining issues. The issues, rephrased for clarity, are: (1) What weight, if any, should the odor of marijuana be given in determining whether probable cause exists for a warrantless vehicle search, in light of the enactment of the Medical Marijuana Act, 35 P.S. § 10231.101 et seq.? (2) To what extent does this Court’s decision in Commonwealth v. Hicks, 208 A.3d 916 (Pa. 2019), apply to probable cause determinations involving the possession of marijuana following the enactment of the Medical Marijuana Act, 35 P.S. § 10231.101 et seq.?

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