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<blockquote data-quote="HeyEng" data-source="post: 3254077" data-attributes="member: 44022"><p>It will be interesting to see how this might play out. Guy didn't give consent. 5-0 brings out a drug dog who pops on a small bit of weed establishing PC. Good, right? Well, maybe not. Texas legalized hemp last month and the Williamson County DA has said that he will not be prosecuting 90 some odd cases of simple MJ possession because a drug dog can't tell the difference between hemp and MJ. So...if it stands that the dog can't tell if it's hemp or MJ, then the dog can't establish PC. Then, it's quite possible that all the other crap they find is "fruit of the poisonous tree"...or inadmissible as evidence. Colorado has already said, "NOPE" to establishing PC with a MJ smelling dog.</p><p></p><p>It's obviously more complex than this, but could make for some interesting case law in Texas.</p></blockquote><p></p>
[QUOTE="HeyEng, post: 3254077, member: 44022"] It will be interesting to see how this might play out. Guy didn't give consent. 5-0 brings out a drug dog who pops on a small bit of weed establishing PC. Good, right? Well, maybe not. Texas legalized hemp last month and the Williamson County DA has said that he will not be prosecuting 90 some odd cases of simple MJ possession because a drug dog can't tell the difference between hemp and MJ. So...if it stands that the dog can't tell if it's hemp or MJ, then the dog can't establish PC. Then, it's quite possible that all the other crap they find is "fruit of the poisonous tree"...or inadmissible as evidence. Colorado has already said, "NOPE" to establishing PC with a MJ smelling dog. It's obviously more complex than this, but could make for some interesting case law in Texas. [/QUOTE]
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