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· 7/9/2014

Commonwealth v. Overmyer

Citations

  • 469 Mass. 16
  • 11 N.E.3d 1054

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the odor of unburnt marijuana cannot contribute to probable cause unless the officers are able to discern from the odor that a eriminal amount of marijuana is present
  • holding that the odor of unburnt marijuana cannot contribute to probable cause unless the officers are able to discern from the odor that a criminal amount of marijuana is present
  • stating that \characterizations of odors as strong or weak are inherently subjective\
  • stating that “characterizations of odors as strong or weak are inherently subjective”
  • discussing whether police officers can reliably predict quantity of marijuana through sense of smell so as to provide probable cause to search for criminal amount of marijuana
  • but going on to say that “it does not follow that such an odor reliably predicts the presence of a criminal amount of the substance”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ireland, Cordy, Botsford, Gants, Duffly, Lenk

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.