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Maryland Court Rules Marijuana Odor Not Enough To Search A Person


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It turns out that in Maryland, reeking of marijuana is not sufficient probable cause for police to arrest and search a person.

In a unanimous ruling earlier this week, the state's Court of Appeals determined two police officers violated a man's Fourth Amendment rights by conducting an unreasonable warrantless search of his person, after police found him in a car that smelled like pot.

"In the post-decriminalization era, the mere odor of marijuana coupled with possession of what is clearly less than ten grams of marijuana, absent other circumstances, does not grant officers probable cause to effectuate an arrest and conduct a search," court documents state.

In 2014, Maryland decriminalized possession of up to 10 grams of marijuana, and possession of less than that amount is now considered a civil offense that carries a $100 fine.

The decision stems from a case involving officers from the Montgomery County Police Department — identified only as Groger and Heffley in court papers — who came across Michael Pacheco, sitting in a Chevrolet Trailblazer in an otherwise empty parking lot one night.

 

That's 2 now. Few yrs back Massachusetts supreme court ruled smell of weed was no longer reason to search a car without a warrant.

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Cops don't give a fuck.

A gun carried legally cannot be the cause for a detainment. A camera in use while in public cannot be the cause for a detainment. But how many times do you see it?

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They can and will search your car at will,  there is always a reason to be made up.

The law means nothing - THIS IS THE NUMBER ONE STATEMENT USED BY COPS "I smell weed" 

 

Canadian Cops can no longer use the reek of pot since its legal, but they will then turn to where you store it and if  you had any in recent hours..  And being taught its the GATEWAY DRUG proceed to look for other drugs you MUST HAVE since you smoke pot....

 

Great feeling knowing I can have an ounce with me with out worry of being arrested - just keep it in the trunk or away from the driver (more bullshit rules) ..

You are fined almost $500 for having pot in your  pocket in a car - they making more money now then charging people with criminal offenses 

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