Commonwealth v. Craan
469 Mass. 24
| Mass. | 2014Background
- Sobriety checkpoint in Dorchester; trooper smelled unburnt marijuana from defendant's car; glove box revealed small bag believed to contain marijuana; trooper frisked occupants and searched car, uncovering marijuana, Ecstasy, ammunition; occupants not arrested, issued summons and released; post-search complaint charged various drug and firearm offenses; judge initially denied suppression, then granted reconsideration in light of Cruz; this Court granted leave to appeal and transferred for decision.
- Judge held odor of unburnt marijuana cannot by itself establish probable cause post-2008 decriminalization; defendant moved for suppression; issues framed around legality of searches and the automobile exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether odor of marijuana alone justifies a warrantless search after decriminalization | Commonwealth | Cruser? (Cran) | No; odor alone cannot establish probable cause post-initiative |
| Whether search incident to arrest justified the vehicle search | Commonwealth | Cran | Not justified; no arrest occurred and no probable cause to arrest |
| Whether automobile exception valid based on probable cause to believe evidence of Federal crime | Commonwealth | Cran | Rejected; state law decriminalization limits police power and undermines Federal-prohibition basis |
| Whether 2008 initiative preempts Federal enforcement as basis for warrantless search | Commonwealth | Cran | Affirmed: cannot rely on Federal prohibition where State law decriminalizes possession of small amounts |
| Whether exit/order and other grounds supported search | Commonwealth | Cran | Unsupported; no independent permissible basis beyond odor |
Key Cases Cited
- Commonwealth v. Cruz, 459 Mass. 459 (Mass. 2011) (odor of burnt marijuana cannot justify search post-decriminalization)
- Commonwealth v. Overmyer, ante (2014) (Mass. 2014) (companion case holding odor of marijuana cannot support probable cause)
- Commonwealth v. Daniel, 464 Mass. 746 (Mass. 2013) (automobile search requires probable cause to search for criminal quantities of marijuana)
- Commonwealth v. Cruz, 459 Mass. 459 (Mass. 2011) (statutory scheme decriminalization limits police authority to arrest and search)
- Commonwealth v. Washington, 449 Mass. 476 (Mass. 2007) (search incident to arrest requires contemporaneous arrest)
- Commonwealth v. Antobenedetto, 366 Mass. 51 (Mass. 1974) (limits on automobile exception and arrest rationale)
- Chimel v. California, 395 U.S. 752 (U.S. 1969) (classic scope of searches incident to arrest)
- Commonwealth v. Gardner, 451 Mass. 43 (Mass. 2008) (recognizes smell of marijuana as basis for probable cause in certain contexts)