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A friend of mine was in a car with a female friend and was pulled over for speeding doing 40 mph on a 30 speed limit. Police smelled marijuana coming from out the car and search and found a fire arm loaded n also cocaine under the seat my friend was sitting in they arrested them both and charged him with the gun and drugs, but due to his record this would be his 3rd strike.
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Fortunately for your friend, it appears that the Massachusetts "three strike rule" does not apply to the particular offenses. Furthermore, recent legislation concerning marijuana possession has changed the standard for searches and seizures regarding the smell of marijuana. In some cases, the smell of marijuana in and of itself does not warrant the search of a vehicle. In others, however, if the facts and circumstances could lead an officer to believe that a driver is impaired, there may be grounds for a valid search and seizure. These types of cases are very fact specific. The facts surrounding the officer's search will dictate whether the subsequent seizure of firearms and drugs may be suppressed at trial.
Answered on Feb 06th, 2013 at 1:46 AM