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This case raises the question whether New Mexico courts should retire their current, federal-centric approach to interpreting the New Mexico Constitution鈥攁 method known as the 鈥渋nterstitial approach鈥濃�攁nd embrace an independent approach that would allow them to more readily diverge from federal courts in light of New Mexico鈥檚 own law, history, and values. The Court鈥檚 decision could have major implications for New Mexicans鈥� ability to vindicate their state constitutional rights.

Tyler鈥檚 case shows how bias, fear, and discrimination drive wrongful convictions 鈥� and why confronting racial injustice in the legal system remains urgent today.

Invading privacy as well as "barking up the wrong tree"

This case presents two questions: first, whether, under the Fourth Amendment to the U.S. Constitution and Article I, section 7 of the Tennessee Constitution, Union City Police Department officers possessed probable cause to conduct a warrantless search of the defendant鈥檚 vehicle based exclusively on the alleged odor of cannabis, and second, whether the Court of Appeals had jurisdiction to overturn the defendant鈥檚 conviction. The ACLU鈥檚 Criminal Reform Legal Project and State Supreme Court Initiative, along with the ACLU of Tennessee filed an amicus brief arguing first, that after Tennessee鈥檚 legalization of hemp in 2019, an officer鈥檚 alleged detection of the odor of cannabis is insufficient to establish probable cause to conduct a warrantless search of a vehicle in Tennessee, and second, that the court of appeals improperly held that it lacked jurisdiction to overturn the defendant鈥檚 conviction.