Scent Of Cannabis Not Enough to Prompt Search Court Rules

in #freedom5 years ago

Police have long been using the alleged smell of cannabis as an excuse to search people's property. And while this reasoning might have worked conveniently in the past, there are some police departments and jurisdictions today which are now changing their approach.

Just recently, the Court of Appeals in Maryland determined that smelling of cannabis is not probable cause, or sufficient enough evidence, for police to detain and search an individual.

The court ruled that this violates the Fourth Amendment, the protection against unreasonable searches.

In this circumstance then, according to their own affirmation, people have been having their constitutional rights violated for years.

In Miami, police there say that they aren't going to be stopping people any longer over the smell of weed either.

It's been reported that there are now multiple police departments who have been giving out these instructions, and hopefully everyone is getting the memo.

Similar rulings have also been found in places like Vermont and Massachusetts.

As more areas seek to establish their own crony markets, it's created confusion and limitations in a variety of forms. The war on drugs is still being waged federally and aggressively in a number of states, thankfully though there are some authorities who see the sense in deprioritizing the odor of cannabis as a cause for search or concern.

The more that different regions now seek to legalize or decriminalize cannabis possession etc, it's more obviously illegitimate for the odor alone to be enough to justify a search. But it's still a very confusing situation though for authorities and the public, as cannabis still remains criminalized on a federal scale.

We can expect that more people might begin to challenge these restrictions in court if they are living in regions where cannabis has been more broadly accepted.

Pics:
pic1
pic2
pic3

Sort:  

@doitvoluntarily It is incredible that they still want to insist with that invasion system. It is good that they are resolving that the smell is not a sufficient reason to invade a home.
thank you very much dear friend for sharing this information
I wish you a wonderful Sunday

Good! Another WIN for the people and LIBERTY. Sucha bullshit premise to begin with...like somehow these HUMANS never get it wrong by saying they smell a crime... I applaud the people for finally making the right moves by legalizing cannabis so that the system can take THAT boot off of our neck.

That's just wrong. You should relocate to somewhere the police are more tolerant of people using their medicine and chilling.

Congratulations @doitvoluntarily! You have completed the following achievement on the Steem blockchain and have been rewarded with new badge(s) :

You distributed more than 59000 upvotes. Your next target is to reach 60000 upvotes.

You can view your badges on your Steem Board and compare to others on the Steem Ranking
If you no longer want to receive notifications, reply to this comment with the word STOP

To support your work, I also upvoted your post!

You can upvote this notification to help all Steem users. Learn how here!

Coin Marketplace

STEEM 0.19
TRX 0.14
JST 0.030
BTC 61420.98
ETH 3276.21
USDT 1.00
SBD 2.47