Police Stop Cab Passengers With 13 Pounds of Marijuana
The Globe reports of two men arrested for having 13 1/2 lbs of Marijuana in a cab in which they were passengers. But in light of the recent Supreme Court decision that the smell of marijuana alone is not a legitimate reason to search a vehicle or its passengers, is this search even legal?
The stop itself sounds legitimate, since the driver of the cab allegedly switched lanes without signaling, and may have had a license plate light that wasn’t functioning. However, that does not give the police the right to search the vehicle or the passengers, who had not done anything illegal that the cops knew about.
The police officer claimed to smell burnt marijuana, as did the officer’s canine partner, Zander, who indicated interest in the truck of the car.
In the Commonwealth vs. Cruz decision, the smell of marijuana emanating from a parked car lead to what the Massachusetts Supreme Judicial Court later determined was an illegal search. The search resulted in the discovery of cocaine in the vehicle.
No doubt K-9 officer Zander’s skill in detecting drugs is unmatched by human officers, that still does not meet the standard for a search. Especially since he could easily be detecting a small, non-criminal amount of marijuana.
If convicted of possession of marijuana with intent to distribute, the defendants could face up to 2 1/2 years in prison.
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