· 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 CourtListenerSourced 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.