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Court: Residency In Marijuana Legal State Not Justification For Police Search – Cannabis News

Appeals court ruled stopping and searching such a driver violates the Constitution.

A federal appeals court on Tuesday said police officers cannot stop and search vehicles belonging to out-of-state motorists simply because of where they reside, including states where marijuana use is legal.

By a 2-1 vote, the 10th U.S. Circuit Court of Appeals in Denver said two Kansas Highway Patrol officers violated the constitutional rights of Colorado motorist Peter Vasquez in December 2011 by pulling him over and searching his car after he had been driving alone at night on Interstate 70.

The officers relied heavily on Vasquez’s residency to justify the search, which uncovered nothing illegal, saying Colorado was a known “drug source” where marijuana is legal.

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Jonathan Stempel ~ Huffington Post ~

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