The Massachusetts Supreme Judicial Court has ruled, in a unanimous decision, that law enforcement can’t use the smell of unburntcannabis as probable cause to search a person’s vehicle, regardless of how strong the smell.
“[W]e are not confident, at least on this record, that a human nose can discern reliably the presence of a criminal amount of marijuana, as distinct from an amount subject only to a civil fine,” says Justice Barbara A. Lenk. The ruling expands the court’s 2011 Commonwealth v. Cruz decision, which ruled that the smell of burnt cannabis doesn’t give cops probable cause to search a car.
In a separate, yet still unanimous decision, the court ruled that police can’t use the smell of cannabis as probable cause to search a person’s car, even if police believe there is evidence of a federal crime.
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6 comments:
Needs to be done here. Bye bye dogs.
Ever driven down Route 50 and it smells like weed?
There are legitimately other natural things that exist (in wetlands and swamps) that smell just like pot. Honestly, I'd imagine this is pretty easy to defend in court.
Then the same should go for alcohol.
1:20 I will drink to that
Yea! more impaired drivers on the road!
cool, then just let them go and document it. so when they kill someone in that veh, you can point the finger at the libs
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