Commonwealth v. Cruz: SJC Rules Odor of Burnt Marijuana Not Grounds to Order People Out of Car

On April 19, 2011, the Massachusetts Supreme Judicial Court ruled in Commonwealth v. Cruz, SJC Case Number SJC-10738, that the odor of burnt marijuana alone does not suffice to establish probable cause or reasonable suspicion enough to order the occupants of a car to get out for a search. In Cruz' case, the police smelled burnt marijuana and interrogated and searched Cruz. The search yielded marijuana and crack cocaine.

Cruz was charged with possession of cocaine with intent to distribute and posssession of cocaine with intent to distribute within a school zone. Cruz challenged the evidence in a motion to suppress evidence that was allowed. The case then reached the Massachusetts Supreme Judicial Court on appeal. The Court's ruling should eliminate the "burnt marijuana" exit orders that frequently turn into drug or OUI cases.

CALL TO ACTION: Have you been busted or otherwise hassled about a "possession of controlled drug" charge or a DWI/DUI based on a suspicion of drug impairment? Call me today at 1-603-893-0074 for a free case consultation.

Have a safe night.

Mark

New Hampshire DWI laws. Call Salem, New Hampshire criminal defense Attorney Mark Stevens today at 1-603-893-0074 for a free consultation for your New Hampshire DWI or "aggravated DWI" charges.

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