Meth-trafficking case back on against Tulsa man who says search wasn’t legal | Crime News

The Court of Appeal for Criminal Matters Smith’s decision overturned After prosecutors appealed, several states wrote that decriminalization of cannabis “does not amount to blanket legalization”. As a result, the court found that the smell or presence of cannabis remains a factor for police to consider in determining likely grounds for suspected criminal activity.

State law provides that simple possession of small amounts of cannabis without a doctor’s license can be punished with a fine of up to $ 400, but not imprisoned for those who can plead an illness. Although the officers could not find a joint in Roberson’s SUV, they said they smelled a “strong smell” of cannabis.

“Decriminalizing marijuana possession for those with a medical marijuana license does not in any way affect a police officer’s formation of a probable cause based on the presence or smell of marijuana,” said Judge Gary Lumpkin unanimously.

Beyerl, a gang officer, and his partner said they saw a black SUV with an expired label leaving a parking lot of a “well-known drug motel” near 41st Street and Memorial Drive. They also claimed Roberson was not wearing a seat belt, claiming Roberson who “wore Irish mob tattoos” and Turner was struggling to identify himself properly.

Both had previous drug-related convictions, which officials cited along with Roberson’s revelation of the joint as part of the basis for an unprincipled search of the SUV. Officials said they found about $ 3,000 in cash in a handbag and methamphetamine, which they used as a basis to apply for a warrant for the motel room they were using.