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STATE v. CHEATHAM

No. CR-15-0286-PR.

375 P.3d 66 (2016)

STATE of Arizona, Appellee, v. Ian Harvey CHEATHAM, Appellant.

Supreme Court of Arizona.

Filed July 11, 2016.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, John R. Lopez IV , Solicitor General, Joseph T. Maziarz , Chief Counsel, Criminal Appeals Section, Myles A. Braccio (argued), Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Maricopa County Public Defender, Carlos Daniel Carrion (argued), Deputy Public Defender, Phoenix, Attorneys for Ian Harvey Cheatham.

CHIEF JUSTICE BALES authored the opinion of the Court, in which VICE CHIEF JUSTICE PELANDER and JUSTICES BRUTINEL, TIMMER and BOLICK joined.

¶ 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...

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