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Just curiosity here...I heard that ma superior court just ruled that police cannot search a car if they smell pot.This is because less than an ounce is no longer a felony....Maybe I heard this ruling wrong.... But if that is the case why can police pull you out of your car for a "roadside" test if they smell alcohol?? We all know alcohol is LEGAL.

Exit order with marijuana or alcohol

SJC's recent decision held that police officers may not order a person out of their car based solely on the odor of marijuana .  However, if the officers detect the odor and observe other indications that a crime is being or has been committed, that my justify an exit order.  The same is true of alcohol.  If the police pull you over because you failed to stay within marked lanes and then notice the smell of alcohol, those facts, taken together, may warrant an exit order or an arrest for operating under the influence.  We may also be mixing apples and oranges here, as the Cruz case that you mention dealt with possession of marijuana (still a crime punishable by fine) not with operating under the influence of marijuana.

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