In 2011, the Supreme Judicial Court of Massachusetts ruled that the smell of mar

Question

In 2011, the Supreme Judicial Court of Massachusetts ruled that the smell of marijuana (or possession of an ounce or less) no longer constituted evidence of a crime, giving law enforcement probable cause to search and seize under the 4th Amendment of the United States Constitution. The case is called Commonwealth v. Cruz. The actual case, as well as a case summary can be found in a self-titled folder on this week's course homepage. Please read the summary, as well as the instructor's notes discussion of this case, and answer the following questions: What is your reaction to this decision? Do you agree with it? Or should the legislature pass a law stating that even though an ounce or less of marijuana is not criminal/illegal, it can still constitute probable cause under the 4th Amendment?

Explanation / Answer

What is your reaction to this decision? Do you agree with it?

I think the judge’s decision that the police officers were wrong in detaining the defendant and the driver for possessing drugs doesn’t make any sense because there is always a chance of future crime associated with drug intake. The police were right in approaching the parked car because the car was parked in front of a fire hydrant and the driver lighted a cigar which will possibly nullify the smell of marijuana. When the police arrested the defendant and the driver, they were in possession of 4 grams of cracked cocaine which means either one of them was selling it. Besides, the drive accepted that he took marijuana the previous day. The duty of the police officers is not only finding past crimes but also deter future crimes.

Should the legislature pass a law stating that even though an ounce or less of marijuana is not criminal/illegal, it can still constitute probable cause under the 4th Amendment?

The legal permission to use of any drugs in any amount is only going to affect people in many ways and increase the crime rate. Although people who argue for legalizing drugs say that legalizing drugs will deter illegal movements and sales of the drugs, the society as a whole is going to be affected on a long run because no one can deny the fact that drugs have adverse effect on people unless used under a supervised medical condition. Law should definitely prevent the use of drugs in public as the children are more prone to fall in line with the drugs thus threatening the future generation of a country.

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