By Paul Tuthill
http://stream.publicbroadcasting.net/production/mp3/wamc/local-wamc-964828.mp3
Springfield, MA – Police in Massachusetts may have lost a crime fighting tool as a result of a ruling this week by the state's highest court. The decision by the Massachusetts Supreme Judicial Court was a result of the partial decriminalization of marijuana through a ballot initiative WAMC's Pioneer Valley Bureau Chief Paul Tuthill reports
The Massachusetts Supreme Judicial Court in a five to one decision ruled the odor of marijuana smoke ,alone, is not probable cause for police to order a person out of a car and to search the motor vehicle. The decision, written by Chief Justice Roderick Ireland referenced the passage of a 2008 ballot question that made it no longer a crime to possess less than an ounce of marijuana.. He wrote..qoute.. Ferreting out decriminalized conduct with the same fervor associated with the pursuit of serious criminal conduct is neither desired by the public , nor in accord with the plain language of the statute.
Hampden District Attorney Mark Mastrioianni says police by their training and experience know that the order of marijuana is an indicator there may be larger quantities of that drug..or other drugs in a vehicle
Mastrioianni said the ruling may have a limited impact..
In the case, police in Boston smelled marijuana coming from the open windows of a parked car. Police said they saw nothing illegal, but they ordered the driver and passenger to get out . A search found the passenger 19 year old Benjamin Cruz had four grams of crack cocaine..
The Hampden DA believes the decision does not prevent police from further investigation if, for example, they stop a motor vehicle for a traffic violation and then smell marijuana
Springfield Police Commissioner William Fitchet said the court's decision is one of the consequences law enforcement feared would come as a result of the 2008 ballot initiative
Dick Evans, an attorney in Northampton, who has long advocated for the legalization of marijuana called the court's ruling reasonable and enlightened .
Sixty five percent of Massachusetts voters approved the 2008 ballot initiative, known as Question 2. It made possession of less than an ounce of marijuana a civil violation rather than a misdemeanor crime..punishable by a 100 dollar fine..
I'm Paul Tuthill..WAMC News..