20 votes

Mass Supreme Court: Smell of unburnt marijuana cannot justify search of car

The Supreme Judicial Court Wednesday said that because voters decriminalized small amounts of marijuana in 2008, police officers in Massachusetts can no longer rely on the odor of unburnt marijuana to justify searching a person’s car.

In two unanimous rulings, the state’s highest court said they had already decided in 2011 that the odor of smoked marijuana by itself did not provide police with probable cause to stop people on the street or search the vehicles people are riding in.

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http://www.bostonglobe.com/metro/2014/07/09/sjc-odor-unburnt...



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So because vaporized marijuana is unburnt

That means you can vape without cause to search your vehicle.

"Tu ne cede malis, sed contra audentior ito."

So instead of lying, "I smell marijuana"

The cop will now have to lie, "I smell marijuana smoke."

Good job courts!! You made them have to say an extra word!!

"Tu ne cede malis, sed contra audentior ito."

TwelveOhOne's picture

Voted down for reading comprehension

In 2011, Mass Supreme Court said "you can't search after smelling smoke."

Recently, Mass Supreme Court said "you can't search after smelling unburnt cannabis."

Your "joke" is still accurate, though, in the sense that people are still being harassed for filming police, even though the US Supreme Court said it was "permissible".

I love you. I'm sorry. Please forgive me. Thank you.
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I upvoted for the constructive criticism.

I debated the wording. But I figured "lie/lying" as a verb/adverb should work with the same rules as "say/saying". Though it didn't sound great.

Are you saying the MA courts say you can't search for marijuana smell at all, burnt or unburnt? That's good. But even then, they just do a dog and pony show minus the pony to get access and absolve themselves from liability.

"Tu ne cede malis, sed contra audentior ito."

TwelveOhOne's picture

Thanks, upvoted this. :)

It wasn't the "lie/lying", it was that you said "great, now the 2014 news means they can use the excuse that was legislated away in 2011". They can no longer use either excuse.

Which, on the face of it, seems great for us residents. But like you said, there are dogs and (OMG!) ponies everywhere as far as statists are concerned.

I love you. I'm sorry. Please forgive me. Thank you.
http://fija.org - Fully Informed Jury Association
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Illegal to smoke and drive?

Didn't search too long but couldn't find the answer. I'm sure you get arrested for driving under the influence of both pot and alcohol, but maybe not enough to search the car since small amounts are no longer illegal.

Guess there's a difference between carrying and consuming while driving right?

I use to make and sell candles that smelled like marijuana...

they were my all-time 2nd best seller.

Pandacentricism will be our downfall.

Curious, what was your # 1 best seller

?

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

marijuana. just kidding. it was

my dignity.

Pandacentricism will be our downfall.

robot999's picture

So the real question is...

How many Unanimous decisions does it take until "law enforcement" actually obey the laws themselves???

"In two unanimous rulings, the state’s highest court said they had already decided in 2011 that the odor of smoked marijuana by itself did not provide police with probable cause to stop people on the street or search the vehicles people are riding in."

"Government is the entertainment division of the military-industrial complex". - Frank Zappa

That's what I thought too

These decisions are never acknowledged. Look at how many people still get beat down or hassled for filming cops, even though at this point it should be common knowledge that it is a persons right to film a cop thats working.

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Bump

.

allegory - ˈalɪg(ə)ri/ - noun - 1. a story, poem, or picture which can be interpreted to reveal a hidden meaning, typically a moral or political one.

Wow.

Wow.

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