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SB 5029 - Prohibits Search and Seizure Based Solely on the Odor of Marijuana - Virginia Key Vote

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Title: Prohibits Search and Seizure Based Solely on the Odor of Marijuana

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Title: Prohibits Search and Seizure Based Solely on the Odor of Marijuana

Vote Smart's Synopsis:

Vote to pass a bill that prohibits law enforcement search and seizure on vehicles based solely on the odor of marijuana.

Highlights:

  • Prohibits law enforcement officers from searching or seizing any person, place, or thing solely on the basis of the odor of marijuana, and specifies that no evidence discovered or obtained as a result of such unlawful search or seizure is admissible in any trial, hearing, or other proceedings (Sec. 1).

  • Requires officers to have cause to stop or arrest the driver of the motor vehicle for the violation of some other provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a motor vehicle or any criminal statute in order to issue citations for violations including, but not limited to (Sec. 1):

    • Operating a motorcycle, moped, or motorized skateboard or scooter without a muffler and exhaust system that violates a noise ordinance;

    • Possession of marijuana;

    • Operating a vehicle on a highway with any device or equipment mentioned in § 46.2-1002 that is defective or in an unsafe condition;

    • Operating a vehicle without a light illuminating a license plate;

    • Operating a vehicle without an exhaust system to prevent excessive noise;

    • Operating a vehicle with certain sun-shading material or tinting films; and

    • Operating a vehicle with suspended objects or vehicle alterations that obstruct the driver’s view. 


Title: Prohibits Search and Seizure Based Solely on the Odor of Marijuana

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