MA Court: Marijuana Smell Not Enough for Traffic Stop
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The Massachusetts Supreme Judicial Court rules that the smell of marijuana alone is not enough for a police traffic stop. –On the Bonus Show: Nazi sun gun…
46 Comments
Right, but, here’s the thing, going by smell alone, you could say “I smell this” even if the odor isn’t really present, and you’ll be able to search legally. Stoned drivers can be just as bad as drunk drivers, and it is those type of people we don’t want behind the wheel. Smoke all the weed you want, just don’t drive until if effects have been absent for a few hours.
Let’s hope it sticks.
i would go one step further and say full legalization with controls. if we allowed pharmaceutical companies to create recreational drugs then it would be a matter of a couple decades before people stopped doing harmful drugs like crack and heroin because they have easier and safer access to better alternatives.
the problem isn’t recreational drugs, it is the lack of safe recreational drugs. and that is a failure in our justice system.
Sell me some please. In the alley behind your house. Where the back-alley abortionist still does business.
‘MERICA! FUCK YEA.
If you can get arrested or fined for sitting in the driver seat of a car (engine on or off? idk) while imbibing alcohol the same shall go for any substance which alters your motor functions and perceptive capabilities. I am smoking right now before bed, mmm. But never while driving, which, like drunk driving, I hear feels friggin awesome.
Dude in the grey shirt looks like a young Coach K.
I was literally arrested solely because my car smelled of marijuana.Dogs found nothing even and yet I was still arrested.
If only….
Paul they can pull over if they smell alcohol. Very few cops can actually smell alcohol and/or marijuana. The cops which can smell, should have probable cause while a driver is in a motor vehicle. Cops should do an impairment test and than if the driver failed have a vehicle search.
Oh, sure. I’m going to try that one. “Oh, yeah it’s this brand of tobacco mingling with the scent of those flowers over there. I’m not actually smoking weed, officer.”
Thing is too, certain brands of tobacco product, if they waft just the right way or there are certain bushes or flowers nearby, can generate an almost identical smell to the smell of marijuana smoke.
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All drugs should be decriminalized for small amounts of personal use. This would free up resources to go after larger criminals, the ones producing and distributing drugs, rather than small time drug addicts. The freed up resources could be spent on giving drug addicts treatment for their mental health issues instead of throwing them in prison where they will not receive the help they need and only become harder criminals.
skunk died? what kinda cheap shit are you smoking? 😉
can you pull over a bankster for smelling fishy?
Carl Sagan, world famous astronomer and astro-physicist wrote a few articles about marijuana - you should read it
If you are not familiar with Carl Sagan, look him up, very very very smart man
I love this. States rights and nullification are the only way to go!
I used to get pulled over because of my car they profile
Intent of suspicion= smelling marijuana… finds crack. Crack smells like marijuana?
…
I am all for making pot legal.But isn’t that a DUI? I mean your sitting in your car getting inebriated right?
I’m gonna get some marijuana scented cologne.
what about Drug sniffing dogs they make dance around your car. The court needs to include that scam the police pull off in to a decision, cuz they are going off smell alone!
As far as the Jury is concerned, it is perfectly within your rights to refuse to convict no matter how much evidence is against the defendant. It’s something called “Jury nullification”. Just take note that judges are not legally obligated to tell the entire jury of that power.
The oldest trick in the book. I smell marijuana could you step out of the car. I smell tyranny can u please respect my rights
Progress
@duradim how is marijuana morally wrong?
Easier or not, all such cases involving simple possession/use, are not valid. Whenever I get a summons for Jury Duty, and it’s a drug case, I will refuse to convict, unless they have been caught behind the wheel under the influence in which case, the most I will do is say “Guilty of DUI, nothing else”.
Fuck yeah
I don’t know about your state, but I know in a lot of them the law is its illegal if you have your key in the ignition, they have to prove you intended to operate the vehicle, like I said though, its probably different state to state. Driving stoned is nothing special. Despite the rumours your reactions aren’t really affected, driving slow out of paranoia of being busted is probably the most common experience.
this needs to happen in my state!
An officer had by friend stopped and claimed he smelled pot, and the only thing my friend smokes is hand rolled Bugler brand cigarettes.
While I don’t support the police in how they handled this in the first place, it is still sad to see our country heading in the direction it is, dumbed down, doped up, and morally bankrupt.
Good. Too many cops SAY they smell something, and I’ve been smelling bullshit for years.
I am the same way. David Pac-man must love baby killing DUI drivers, and jacks off to DUI drivers when a baby killer DUI driver hits the baby while high on Marijuana.
House would be perfect. Walking in public perfect.
Behind the wheel, they need to rot in jail with David Pac-Man thinking it is a step in right direction, so he can jerk off to baby killing DUI stoned drivers killing babies.
drugs don’t make people stupid…people make themselves stupid
With the Boston Marathon false flag attack they will have a lot more to worry about then pot stops when they trigger the civil war and WWIII. The planet is due for a deep culling, mark my words, you haven’t seen anything yet! You can feel it in the air, shit’s about to get real FAST!
I’m in favour of legalizing/decriminalizing all the victimless crimes, my point was that the privatized prisons and their lobbyists are a major stumbling block to getting those victimless crimes off the books.
~
As to the jury thing, that’s a lot like judges legislating from the bench or doing activism from the bench, but I understand. I guess if the prosecution doesn’t ask you good questions to filter you out, that’s their problem.
42 likes 0 dislikes, sorry guys can’t destroy that
Now if only we could get a court to rule that the government MUST prosecute cases of banking fraud where there is a reasonable suspicion of wrongdoing.
there is hope
A lot of it is a privatized prisons thing. Private prison corporations lobby to keep drugs illegal and for harsher sentencing for users, because that keeps the prisons full. It’s a lot easier to catch and convict thousands of users rather than the suppliers and dealers farther up the money chain.
I think that’s right. Cops don’t pull drunk drivers over because they smell alcohol because they can’t; so it’s unfair that marijuana users are treated differently. Once the stop has been made for other reasons, like a traffic violation or unsafe driving, the smell test would be probable cause for a search and impairment testing.
My friend gets searched often because of his looks or something. He just laughs and bull shits with them. He knows their just wasting their time lol.
Yes it is DUI. So that in itself would be reason to stop like smelling alcohol in a vehicle. There are stupid fucking cunts which kill people high on marijuana while driving. Step in right direction, not in a car that is DUI. That is probable cause.