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COMMONWEALTH v. BARR

No. 2347 EDA 2019.

240 A.3d 1263 (2020)

2020 PA Super 236

COMMONWEALTH of Pennsylvania, Appellant v. Timothy Oliver BARR II.

Superior Court of Pennsylvania.

Filed September 25, 2020.

Attorney(s) appearing for the Case

James B. Martin , District Attorney, and Heather F. Gallagher , Assistant District Attorney, Allentown, for Commonwealth, appellant.

Joshua E. Karoly , Allentown, for appellee.

Aaron J. Marcus , Philadelphia, amicus curiae.

BEFORE: BENDER, P.J.E., LAZARUS, J., and STRASSBURGER, J.

This is a Commonwealth appeal from the trial court's order granting Appellee's, Timothy Oliver Barr II, motion to suppress and habeas corpus petition ("habeas petition"). In granting Appellee's suppression motion, the trial court held that the odor of marijuana no longer provides police with probable cause...

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