New York Court of Appeals
The People v. Pablo Pastrana
November 21, 2023
Summary
The court affirmed the judgment, holding that the roadblock was constitutionally valid, that the Marihuana Regulation and Taxation Act did not apply retroactively to the search, and that the Second Amendment challenge was unpreserved. The court concluded that the checkpoint served a roadway-safety purpose, used a uniform every-third-car procedure, and provided adequate warning and safety precautions. It also held that the statute contained no express or necessarily implied indication that its new restriction on marijuana-odor searches applied to earlier searches.