State of Arizona v. Ronald James Sisco II

CHIEF JUSTICE BALES,

opinion of the Court:

¶ 1 Here we consider whether the odor of marijuana suffices to establish probable cause for issuance of a search warrant, given the adoption of the Arizona Medical Marijuana Act (“AMMA”), A.R.S. §§ 36-2801 through 2819. We hold that it does, unless other facts would cause a reasonable person to believe the marijuana use or possession is authorized by AMMA, thereby dispelling the probable cause that otherwise would exist.

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¶ 2 In March 2013, Tucson police officers responded to a tip that “a strong odor of fresh marijuana” was emanating from a storage…