{"id":55895,"date":"2023-09-22T07:53:28","date_gmt":"2023-09-22T12:53:28","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55895"},"modified":"2023-09-22T10:36:35","modified_gmt":"2023-09-22T15:36:35","slug":"pa-mma-doesnt-permit-driving-while-smoking-mmj","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=55895","title":{"rendered":"PA MMA doesn&#8217;t permit driving while smoking MMJ"},"content":{"rendered":"\n<p>The MMA doesn\u2019t permit driving while smoking MMJ. The smell of burnt MJ coming from defendant\u2019s car was reasonable suspicion to extend the stop. Commonwealth v. Sloan, 2023 PA Super 173 (Sep. 21, 2023).*<\/p>\n\n\n\n<p>Plaintiff was in court shortly after arrest, and it was obvious he was being bailed out. By the time he got back to jail for processing, he was subjected to a visual strip search and then his release was delayed for two hours. The latter not a Fourth Amendment claim. The former fails on qualified immunity. Murphy v. Hughson, 2023 U.S. App. LEXIS 25020 (2d Cir. Sep. 21, 2023).*<\/p>\n\n\n\n<p>Qualified immunity: Plaintiff doesn\u2019t identify a case where similar actions were found to have been a Fourth Amendment violation. His case was thus properly dismissed. Andrich v. Kostas, 2023 U.S. App. LEXIS 25002 (9th Cir. Sep. 21, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The MMA doesn\u2019t permit driving while smoking MMJ. The smell of burnt MJ coming from defendant\u2019s car was reasonable suspicion to extend the stop. Commonwealth v. Sloan, 2023 PA Super 173 (Sep. 21, 2023).* Plaintiff was in court shortly after &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=55895\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[40,35,41],"tags":[],"class_list":["post-55895","post","type-post","status-publish","format-standard","hentry","category-qualified-immunity","category-reasonable-suspicion","category-strip-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55895","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=55895"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55895\/revisions"}],"predecessor-version":[{"id":55897,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55895\/revisions\/55897"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55895"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55895"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55895"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}