Mass_Shyster
Senior Member
What is the name of your state (only U.S. law)? Massachusetts
The Mass SJC issued a ruling yesterday that the smell of freshly burnt marijuana, alone, does not constitute sufficient reasonable suspicion of criminal activity to support an exit order.
From the Associated Press:
The Mass SJC issued a ruling yesterday that the smell of freshly burnt marijuana, alone, does not constitute sufficient reasonable suspicion of criminal activity to support an exit order.
From the Associated Press:
Note: Unlike holdings under the 4th amendment, Massachusetts does not allow an exit order any time an automobile is stopped. Using similar reasoning distinguishing the Stop from the Frisk in a Terry Stop, Massachusetts requires the police to articulate a reasonable suspicion that the suspect is armed or otherwise endangers the police to justify an exit order.BOSTON — The odor of burnt marijuana alone is not enough for police to suspect criminal activity and order a person to get out of a car, the state's highest court ruled Tuesday, citing a state law that decriminalizes possession of small amounts of the narcotic.