State of Arizona v. Ian Harvey Cheatham

CHIEF JUSTICE BALES,

opinion of the Court:

¶ 1 We here consider whether, after passage of the Arizona Medical Marijuana Act (“AMMA”), A.R.S. §§ 36-2801 through 2819, the odor of marijuana emanating from a vehicle establishes probable cause to believe the vehicle contains contraband or evidence of a crime. Consistent with our concurrently issued opinion in State v. Sisco, 239 Ariz. 532, ¶ 26, 373 P.3d 549 (2016), we hold that the odor of marijuana sufficed to establish probable cause, and the ensuing search was therefore authorized by the automobile exception to the warrant requirement.

I

¶ 2 In…