And quickly exhaling:
"SJC limits response by police to marijuana; Declares odor not evidence of crime; decision dismays chiefs, prosecutors" April 20, 2011|By David Abel, Globe Staff
The state’s highest court, overturning precedent and denying police a crime-fighting tool, ruled yesterday that the odor of marijuana smoke is not enough for officers to order a person out of a parked car, now that possession of less than an ounce of marijuana is no longer a crime in Massachusetts.
“Without at least some other additional fact to bolster a reasonable suspicion of actual criminal activity, the odor of burnt marijuana alone cannot reasonably provide suspicion of criminal activity to justify an exit order,’’ the court ruled in a 5-to-1 decision written by Chief Justice Roderick Ireland.
The justices ruled that voters, in passing the 2008 ballot question, intended that possessing an ounce or less of marijuana “should not be considered a serious infraction worthy of criminal sanction.’’
“Ferreting out decriminalized conduct with the same fervor associated with the pursuit of serious criminal conduct is neither desired by the public, nor in accord with the plain language of the statute,’’ Roderick wrote.
Yesterday’s ruling dismayed police and prosecutors statewide.
“I think this particular decision presents an enormous problem for us,’’ said Boston Police Commissioner Edward F. Davis. “The logic escapes me… . We will be the only state in the country where this standard is in place. It just doesn’t make a lot of sense.’’
Hey, being the trailblazer for gay marriage doesn't seem to be much of a problem.
He added: “In my mind, the odor of marijuana is clearly enough evidence of illegal activity to justify ordering those inside to exit the vehicle.’’
Sig heil, sir!
With thinking like that one has to wonder what he has been smoking.
Three years ago, voters overwhelmingly approved the ballot initiative decriminalizing the possession of small amounts of marijuana, with backers calling for a “more sensible approach’’ to marijuana policy and for law enforcement to focus on more serious and violent crimes. Opponents argued that the law would promote unsafe drug use.
So WHY is it STILL SUCH a PROBLEM?
Justice Judith Cowin was the lone dissenting vote. She said that state law had allowed police officers to search a vehicle and order the occupants to exit if they smelled marijuana smoke.
“Even though possession of a small amount of marijuana is now no longer criminal, it may serve as the basis for a reasonable suspicion that activities involving marijuana that are indeed criminal are underway,’’ she wrote.
This is liberal Massachusetts?
“Our case law is clear that ‘the odor of marijuana is sufficiently distinctive that it alone can supply probable cause to believe that marijuana is nearby,’ ’’ Cowin wrote. “The advent of decriminalization certainly has had no effect on the distinctiveness of marijuana’s odor, nor has decriminalization affected the criminal status of numerous other activities involving marijuana.’’
I feel like blowing a huge honking hit in her f***ing face.
Too bad I don't smoke; maybe I would be less angry, huh?
The justices ruled on a case that began in summer 2009, when two Boston officers patrolling in an unmarked cruiser rolled up to a car parked beside a fire hydrant in Jamaica Plain. The windows were down, and the officers noticed the driver light a small cigar commonly used to mask the odor of marijuana, according to court records.
The officers said they smelled the “faint odor’’ of marijuana. One of the officers asked the driver if he had been smoking, and the driver replied that he had smoked pot “earlier in the day.’’ Neither officer saw anything illegal in the vehicle, but they said the driver and the passenger appeared nervous.
The officers called for backup and ordered the men out of the car, based on “the odor of marijuana and just the way they were acting,’’ they said.
It's official, Boston: you are a FASCIST CITY!
One of the officers asked the passenger, Benjamin Cruz, then 19, whether he had “anything on his person,’’ and the young man responded that he had “a little rock for myself,’’ which turned out to be 4 grams of crack cocaine....
Well, not anymore.
--more--"
Related:
Globe Editorial Ruling on marijuana searches leaves behind a strange odor
If the Globe is against it I'm for it, and vice-versa.
