Monday, April 22, 2024

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New Jersey Cops can’t use the smell of marijuana as grounds for search

Well here’s a nice pairing with a story earlier this week about Wisconsin.

It was reported that the state Supreme Court in Wisconsin voted to allow the smell of marijuana to be enough to warrant a search of a car. The same circumstances have sprung up in New Jersey, and this time the state Supreme Court went the other way, and deemed it improper in a unanimous ruling.

This allows the case brought up to the court to be reversed, as Raymond Hamlin was charged with carrying weapons in 2016. His guilty plea can now be stripped from his record.

Now, there’s of course a major difference between New Jersey and Wisconsin. Recreational marijuana is entirely legal in Jersey, and you can’t even get medicinal weed legally in Wisconsin. However, driving while high is still illegal in both states. So technically, the law should be no different when it comes to using the scent of marijuana as grounds for a search.

Alas, nobody’s that naïve we’re all aware that courts have a political slant, despite purporting to exist above it all. That being said, a unanimous decision on the New Jersey side holds way more influence than a 4-3 split in Wisconsin’s decision, so hopefully more states will fall in line behind the more progressive outlook of Jersey.

Read more at Marijuana Moment.

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