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COMMONWEALTH v. CRAAN

SJC-11436

469 Mass. 24 (2014)

COMMONWEALTH v. ANTHONY CRAAN.

Supreme Judicial Court of Massachusetts, Suffolk.

July 9, 2014.

Attorney(s) appearing for the Case

Zachary Hillman, Assistant District Attorney, for the Commonwealth.

Brian J. Anderson for the defendant.

The following submitted briefs for amici curiae:

William W. Adams for Ardil Innis.

Donald Bronstein, Committee for Public Counsel Services, Joshua Levy,   Matthew Mazzotta, & Matthew R. Segal, for American Civil Liberties Union of Massachusetts & another.

Michael D. Cutler & Steven S. Epstein for National Organization for the Reform of Marijuana Law.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

LENK, J.

In this case, we are asked again to determine the effect of the 2008 ballot initiative decriminalizing possession of one ounce or less of marijuana (2008 initiative) on police authority to conduct warrantless searches of vehicles, this time in the context of a search effected on the basis of the odor of unburnt marijuana.1

The defendant's vehicle was searched at a sobriety checkpoint on June 11, 2010, after a State police...

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