This course is intended to provide tools with which criminal defense attorneys can, under the New NYS Marijuana Legislation, the “Marijuana Regulation and Taxation Act", utilize from its new search and seizure protections regarding alleged odor of marijuana as alleged probable cause to conduct a vehicle search.

We will focus particularly on the recent case of In the Matter of POLICE DEPARTMENT v. XAVIER J. WILLIAMS; Joan R. Salzman, Administrative Law Judge, which retroactively applied these protections to an arrest which occurred prior to the enactment of the law.

With the ever increasing legalization of marijuana throughout the county, these vehicular Search & Seizure arguments can made even in states which do not have such statutory protections yet.