September 23, 2015
Massachusetts High Court Bars Police Stops For Smell of Marijuana While Driving
It appears that five of the Justices are smoking too many of those funny cigarettes.
[From article]
A divided Supreme Judicial Court voted 5-2 that police aren’t allowed to stop a car if they only have “reasonable suspicion” that the driver is committing the civil infraction of possessing marijuana. The case involved a 2012 stop by a New Bedford cop who reported smelling pot coming from a moving vehicle.
[. . .]
Since the possession of small amounts of marijuana was decriminalized in 2008, the state supreme court has systematically issued rulings protecting pot smokers.
The court has previously ruled that the smell of burnt marijuana is not enough for a police officer to order someone out of a vehicle when they have been stopped for some other reason. The court also ruled that the odor of weed — burnt or otherwise — does not give police probable cause to search a vehicle without a warrant.
http://www.bostonherald.com/news_opinion/local_coverage/2015/09/sjc_cops_can_t_stop_cars_over_pot_smoke
SJC: Cops can’t stop cars over pot smoke
Police chiefs rip ‘troubling’ ruling
Wednesday, September 23, 2015
By: Bob McGovern, O’Ryan Johnson
Boston Herald
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