Supreme Court Ruling Alters Criteria for Probable Cause
Law enforcement operating in medical marijuana states could be forced to dig deeper than just evidence of a home grow operation to establish probable cause for a search warrant.
Recently, the Supreme Judicial Court of Massachusetts determined that in order for police to obtain a warrant to search a residence for illegal marijuana possession or cultivation, they must first be able to prove that the occupants of the dwelling are not properly registered to engage in such activities.
The latest judgment by the state’s highest court, making it unlawful for police in medical marijuana states to use evidence of a home grow as the sole basis for obtaining a search warrant, is in response to a 2013 case in which the defendant Josiah H. Canning was busted for illegally cultivating approximately 70 plants inside his home. The ruling found that while law enforcement may have previously used certain criteria as...
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