Orin Kerr writes:
On Monday, March 3rd, a panel of the Ninth Circuit is going to hear argument in a case raising one of my favorite hypotheticals about cross-enforcement of the Fourth Amendment. The relevant issue in the appeal, United States v. David Martinez, No. 18-10498, is this: Can a police officer in a state that has decriminalized marijuana possession constitutionally justify a search of a car based on probable cause to believe marijuana is in the car as prohibited by federal law? In other words, can a search from an officer employed by the state look to federal criminal law for the probable cause needed to justify the search?
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