"Without at least some other additional fact to bolster a reasonable suspicion of criminal activity, the odor of burnt marijuana alone cannot reasonably provide suspicion of criminal activity to justify an exit order," the Supreme Judicial Court ruled in a decision written by Chief Justice Roderick Ireland MA Court: Odor Of Pot Not Enough To Order Suspect To Exit Car - Toke of the Town This happened in April and this is fucking awesome news. I am so happy for MA, I wish we had this, then driving and smoking would be so much easier to hide. Way to go massachusets people
That is big news I'm no advocate for driving while impaired, but odor alone should not be a carte blanche for LEOs.
I think you need to treat smoking and driving just like drinking and driving, yea yea I know you drive better when you are high but you are impaired and under the influence so yea they can't yank me out of my car because they smell the reefer but don't start driving and blazing everywhere you go.
Case name: COMMONWEALTH vs. BENJAMIN CRUZ, 459 Mass. 459 (2011) Result: Commonwealth v. Benjamin Cruz
Im very happy about this ruling, but in all honesty, with marijuana being illegal, i cant see why the smell of it is not probable cause, regardless of decriminalization. What else would the smell of it come from. Once again, im in no way saying i dislike this ruling, its a wonderful ruling, im a just speaking from a legal standpoint. Very important win though, im glad our courts are not all raising penalties from the bench.