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COMMONWEALTH v. BARR

No. 28 MAP 2021.

266 A.3d 25 (2021)

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

Supreme Court of Pennsylvania.

Decided: December 29, 2021.

Attorney(s) appearing for the Case

Aaron Joshua Marcus, Esq. , Defender Association of Philadelphia, for ACLU of Pennsylvania, Amicus Curiae.

Maureen Flannery Spang, Esq. , Kevin R. Steele, Esq. , Montgomery County District Attorney's Office, Norristown, for Pennsylvania District Attorneys Association, Amicus Curiae.

Joshua Enders Karoly, Esq. , Karoly Law Firm, Allentown, for Appellant.

Heather F. Gallagher, Esq. , James Bernard Martin, Esq. , Lehigh County District Attorney's Office, for Appellee.

BAER, C.J., SAYLOR, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

We granted allowance of appeal in this matter to examine to what extent, if at all, the smell of marijuana can be considered when determining whether law enforcement had probable cause to conduct a warrantless search of a vehicle. This issue arises in light of the General Assembly's enactment...

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