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Search and Seizure

United States of America v. Kynaston, et al. - USDC in Washington State suppressed a few thousand plants because officers failed to address the medical marijuana statute in their affidavit in support of their search warrant.


Commonwealth of Massachusetts vs. Benjamin Cruz - While the transformation of adult marijuana possession from a misdemeanor to a noncriminal civil infraction limits warrantless police intrusions into otherwise lawful conduct based on merely the odor of marijuana, as a matter of the state constitution's protection against unreasonable search and seizure, thereby requiring the trial court's suppression order in this case; are those limits reinforced by state common law (even as narrowly expanded by G.L.c.94C, sec. 41), and by constitutional protections from unreasonable government interference with individual autonomy and cognitive sovereignty.


State of Oregon v. Fred Jonathon Smalley - Whether marijuana which is not criminally possessed is contraband, such that the mere aroma of it creates probable cause to justify the warrantless search of a stopped vehicle.


United States of America v. Mitchell J. Harrington


Bd. of Ed. of Ind. School Dist No. 92 of Pottawatomie County, et al. v. Lindsay Earls, et al. - Drug Tests


People v. Myron Carlyle Mower


State of Iowa v. Carl Ervin Myers


State of Illinois v. Joe Muff - Asserts that evidence discovered during a search should be suppressed because the affidavit for the search warrant was facially defective; contained untrue factual allegations; and was not supported by probable cause. Further, that the police utilized improper tactics in its execution.


State of Washington v. Steve Thein - Successful appeal from Washington Court of Appeals arguing that the probable cause for a search warrant requires more than generalizations regarding common habits of drug dealers, unsubstantiated rumor and inferences from facts not in the record.






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