State of Arizona, Appellee v. Ronald James Sisco Ii, Appellant

Summary

The court held that the odor or sight of marijuana generally establishes probable cause to believe that criminal activity is occurring, despite the Arizona Medical Marijuana Act, unless other circumstances indicate that the possession or use is authorized by that Act. Because the circumstances here provided no indication of authorized marijuana activity, the warrant was supported by probable cause and the suppression motion was properly denied. The court affirmed the trial court, vacated the court of appeals’ decision, and remanded for consideration of Sisco’s remaining appellate issues.