Close Menu
  • Home
  • News
  • Lifestyle
  • Law
  • Business
  • Education

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

May 30, 2025

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025
Facebook X (Twitter) Instagram
Saturday, May 31
  • Home
  • Contact
  • Privacy Policy
  • Terms & Conditions
Facebook X (Twitter) Instagram LinkedIn VKontakte
Smoke Professional
  • Home
  • News

    More Than 1,000 Arrested in Sweep of U.K. Weed Grows

    July 8, 2023

    Scotland Calls On UK To End ‘Failed’ Drug War With Decriminalization And Harm Reduction Approach

    July 8, 2023

    Germany’s draft law for first phase of cannabis reform

    July 8, 2023

    High Times Cannabis Cup Illinois: People’s Choice Edition 2023 Kicks Off

    July 8, 2023

    Pennsylvania Committee Advances Expansion to State Medical Cannabis Program

    July 7, 2023
  • Lifestyle

    How Watching the News Can Trigger Anxiety and Panic Attacks

    October 28, 2024

    Record High Cannabis and Hallucinogen Use Among Adults

    October 27, 2024

    Weekend Sleep Catch-Up May Lower Heart Disease Risk by 20%

    October 27, 2024

    Energy Drinks Linked to Poor Sleep Quality and Insomnia

    October 26, 2024

    First Psychedelic Church for Magic Mushrooms

    October 26, 2024
  • Law

    Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

    May 30, 2025

    Federal Lawmakers Call for Medicaid Fraud Investigation Into Florida Anti-Cannabis Political Group

    May 26, 2025

    Minnesota Ends Criminal Penalties for Bong Water

    May 23, 2025

    Minnesota Bill to Set Up Adult-Use Cannabis Industry Moves to Governor

    May 22, 2025

    Pennsylvania House Passes Cannabis Legalization Bill

    May 8, 2025
  • Business

    U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

    May 29, 2025

    Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

    May 28, 2025

    Minnesota Tribe Signs Agreements to Open Adult-Use Dispensaries Off Tribal Land

    May 28, 2025

    Washington to Issue New Social Equity Cannabis Licenses This Summer

    May 27, 2025

    DEA Raid Confiscates Over 29,000 Cannabis Plants in New York

    May 26, 2025
  • Education

    CBD and the Aging Population—What Science Says Today

    March 12, 2025

    Wholesale Nootropic Skincare: Boost Your Product Line

    March 10, 2025

    Ideal for Your Business Needs

    March 8, 2025

    A Must-have For Every Smoke Shop

    March 3, 2025

    The Perfect Addition to Your Product Line

    March 1, 2025
Smoke Professional
You are at:Home»News»New Jersey Supreme Court Rules That Police Improperly Used Marijuana Odor In Vehicle Search
News

New Jersey Supreme Court Rules That Police Improperly Used Marijuana Odor In Vehicle Search

adminBy adminJune 24, 2023No Comments4 Mins Read
Facebook Twitter Pinterest LinkedIn Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email

“A generalized smell of raw marijuana does not justify a search of every compartment of an automobile.”

By Sophie Nieto-Muñoz, New Jersey Monitor

The state Supreme Court said in a unanimous ruling Thursday that police officers improperly used the smell of marijuana to search a man’s car on the New Jersey Turnpike in 2016, a decision that allows the man to withdraw his guilty plea to a weapons offense.

The ruling comes more than two years after Gov. Phil Murphy (D) signed a law that bars police from using the odor of cannabis as probable cause to search someone or their car. That law, which was irrelevant to the case at hand because of the timing, means cases involving police using the smell of marijuana to search cars will “likely be few and far between,” Thursday’s ruling says.

Raymond Hamlin, the attorney who represented the defendant in this case—Cornelius Cohen—cheered the decision.

“It’s significant for us that we were ultimately vindicated, and that’s unbelievably satisfying,” said Hamlin.

Cohen was driving north on the Turnpike in a Black Honda Civic in January 2016 when police stopped his car. They had been on the lookout for him because of an informant’s tip that Cohen traveled south to bring guns back to New Jersey, the ruling says.

The officer who stopped Cohen said he smelled “a strong odor of raw marijuana” coming from the Honda, and used that to search the passenger compartment, where he found no marijuana, and then the engine compartment, where he also found no weed but did find a rifle and revolver.

The officer’s search of the car should have stopped after he found no marijuana in the passenger compartment of Cohen’s car, Justice Fabiana Pierre-Louis wrote.

Today’s Supreme Court opinion examines whether the odor of marijuana in a vehicle authorizes a search of the engine compartment and trunk under the automobile exception to a warrant requirement. #supremeopinionhttps://t.co/x8DXv24D97 pic.twitter.com/lP8zbGw1tW

— New Jersey Courts (@njcourts) June 22, 2023

“A generalized smell of raw marijuana does not justify a search of every compartment of an automobile,” said Pierre-Louis.

Cohen attempted to suppress the evidence of guns found during the car search to no avail, despite the trial court judge saying he was troubled by the “subjective testimony” of the smell of marijuana when there is no evidence “to suggest marijuana was in the car.” Cohen entered a conditional guilty plea to one count of unlawful possession of a weapon and was sentenced to five years in jail.

The decision to allow the weapons to be entered into evidence against Cohen was upheld by the Appellate Division, and Thursday’s ruling reverses that decision and remands Cohen’s case back to the lower courts.

Pierre-Louis cited a 1980 case, New Jersey v. Patino, which says an officer’s search of a car “must be reasonable in scope.” She noted another case where a cop pulled over a car for a broken taillight, smelled an intense odor of marijuana, and noticed the trunk was “hanging low.” That trooper then discovered 176 pounds of marijuana in the trunk. The Supreme Court ruled the search of the car in that case was valid because the odor of marijuana was so strong, the officer had probable cause to expand his search beyond the car’s interior.

Thursday’s ruling also notes that the officer in Cohen’s case could have sought a search warrant to look in Cohen’s engine compartment.

New Jersey’s recreational marijuana law, which was passed five years after Cohen was arrested, had no bearing on the case because the arrest predated the law. The legalization act decriminalized marijuana and states that the “odor of cannabis or burnt cannabis” or the possession of marijuana without exceeding the lawful amount—six ounces—does not constitute reasonable suspicion of a crime.

This story was first published by New Jersey Monitor.

Photo elements courtesy of rawpixel and Philip Steffan.



Source link

Court Improperly Jersey Marijuana Odor Police Rules Search Supreme Vehicle
Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
Previous ArticleLegal Weed Sales In Minnesota Expected To Hit $1.5 Billion By 2029
Next Article Predictive Plant Analysis | High Times
admin
  • Website

Related Posts

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

U.S. Supreme Court Declines to Hear Challenge to Medical Cannabis Advertising Ban

May 8, 2025

Alabama Court Ruling Voids Medical Cannabis Licenses

April 23, 2025

Comments are closed.

Our Picks

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

May 30, 2025

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025

Minnesota Tribe Signs Agreements to Open Adult-Use Dispensaries Off Tribal Land

May 28, 2025
  • Facebook
  • Twitter
  • Pinterest
  • Instagram
  • YouTube
  • Vimeo
Don't Miss
Law

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

By adminMay 30, 20250

Republican lawmakers in Ohio are seeking to make changes to the 2023 cannabis legalization law approved…

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025

Minnesota Tribe Signs Agreements to Open Adult-Use Dispensaries Off Tribal Land

May 28, 2025

Subscribe to Updates

Get the latest creative news from Smoke Unlimited about Weed & CBD vaping.

From Our Partners
About Us
About Us

Get all the current news stories, latest trends and legislation regarding cannabidiol, products, usages and its benefits. So don’t miss out any buzz and stay tuned! We offer a minute to minute updates regarding Marijuana industry.

Facebook X (Twitter) Instagram Pinterest
Our Picks

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

May 30, 2025

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025
Sponsors
Copyright © 2025. SmokeProfessional
  • Home
  • Contact
  • Privacy Policy
  • Terms & Conditions

Type above and press Enter to search. Press Esc to cancel.