Changing marijuana laws may be destroying probable cause that police officers use to justify some kinds of searches.
The latest evidence is an Aug. 12 decision by Maryland’s top court that found that officers did not have probable cause to arrest and search a man after smelling burning marijuana and discovering a joint in his car. The Legal Profession Blogand Courthouse News Service noted the decision.
The officers knew that the joint contained less than 10 grams of marijuana, a civil offense in the state, yet they arrested Michael Pacheco and searched him, discovering cocaine in his pocket, the Maryland Court of Appeals said. Officers also searched Pacheco’s car and found a marijuana stem and rolling papers.
The car search was permissible, but the full search of Pacheco was not, the court said.
Pacheco was sitting alone in his car outside a laundromat in Wheaton, Maryland, in May 2016 when the officers detected the smell.
More
DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
10 comments:
Despite the baby boomer generations perception, smoking marijuana does not make you a criminal (if it is legalized where you live of course).
This seems like a similar issue to open container laws.
Unfortunate circumstance as this guy had cocaine on him but the law is the law and police have to follow them as well. Look what can happen if they forget to Mirandize you.
Bad case law. It is criminally illegal to smoke weed in a car.
Weed is a drug , it is illegal , don't smoke it , don't eat it . This is way out of hand now , pretty soon the cops will not have any power and all crimes will be forgiven , God help us .
Mmmm, doesn't pass the smell test.
...a marijuana stem...? Useful as a toothpick, I guess.
POT killed my NEPHEW at age 36 . His DR.told me his lungs were black as tar.He was a daily user.
Quit your BS. His doctor wouldn't tell you anyting to violate HIPAA laws.
I don't think so.
320
a guy I grew up with...
went to high school with
smoke weed regularly.....
as you note....his lungs were messed up, he developed cancer in the lungs
from smoking marijuana
and is dead now.....
Look at all the STATE government's who legalized POT. CRIMINALS?? NO!! I can't wait until after a days work teachings your FREAKING LOOSER kids. Come home and turn on some tunes. HIT THE BONG!!!! YEAH BABY!!
Post a Comment