{"id":42434,"date":"2020-02-17T05:31:30","date_gmt":"2020-02-17T10:31:30","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=42434"},"modified":"2020-02-17T05:31:30","modified_gmt":"2020-02-17T10:31:30","slug":"reason-volokh-conspiracy-can-a-state-police-officer-search-a-car-based-on-probable-cause-of-a-federal-marijuana-crime","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=42434","title":{"rendered":"Reason: Volokh Conspiracy: Can a State Police Officer Search a Car Based on Probable Cause of a Federal Marijuana Crime?"},"content":{"rendered":"

Reason: Volokh Conspiracy: Can a State Police Officer Search a Car Based on Probable Cause of a Federal Marijuana Crime?<\/a> by Orin Kerr:
\n<\/p>\n

On Monday, March 3rd, a panel of the Ninth Circuit is going to hear argument in a case raising one of my favorite hypotheticals about cross-enforcement of the Fourth Amendment. The relevant issue in the appeal, United States v. David Martinez, No. 18-10498, is this: Can a police officer in a state that has decriminalized marijuana possession constitutionally justify a search of a car based on probable cause to believe marijuana is in the car as prohibited by federal law? In other words, can a search from an officer employed by the state look to federal criminal law for the probable cause needed to justify the search?<\/p>\n

This is an example of what I have called cross-enforcement, a claim that a law enforcement officer employed by one government should be able to search or seize based on a violation of a different government’s law. Indeed, my article on the topic begins with this question:<\/p>\n

Imagine you are a state police officer in a state that has decriminalized marijuana possession. You pull over a car for speeding, and you smell marijuana coming from inside the car. Marijuana possession is legal under state law but remains a federal offense. Can you search the car for evidence of the federal crime even though you are a state officer?<\/p><\/blockquote>\n

Even though, for example, in MMJ states where the smell of marijuana is no longer probable cause?<\/p>\n","protected":false},"excerpt":{"rendered":"

Reason: Volokh Conspiracy: Can a State Police Officer Search a Car Based on Probable Cause of a Federal Marijuana Crime? by Orin Kerr:<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[20],"tags":[],"class_list":["post-42434","post","type-post","status-publish","format-standard","hentry","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42434","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=42434"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42434\/revisions"}],"predecessor-version":[{"id":42435,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42434\/revisions\/42435"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=42434"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=42434"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=42434"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}