Here are some of my favorite stories of the past week:
Smell of Marijuana is grounds for a search in Maine, not in Massachusetts
The Massachusetts High court decided Commonwealth v. Overmyer last week and held that the smell of unburnt marijuana does not create probable cause to search a car. The same court decided in 2011 that the smell of burnt marijuana was not a valid basis to detain and search a person.
The Maine law court reached the opposite conclusion in State v. Barclay and subsequent cases.The 1979 case is still good law and says that, even though possession of marijuana is no crime in Maine, its suspected presence is a valid basis for a search warrant or a warrantless search of a car. Maine is quite progressive on Marijuana in many respects but lags behind some jurisdictions in this area. Maybe it’s time to start pushing back on this issue.
Strange attempted murder trial to begin in Rockland
As reported by the associated press, jury selection begins monday in the case of Charles Black. The prosecution alleges that Black tried to kill his wife by pushing her off of Camden’s Maiden Cliff. They claim that he was motivated by a $4 million dollar inheritance she had recently received. The wife survived but Black fell of the cliff and was badly injured.
The case has already been appealed once over the way the prosecution obtained Black’s medical records. The defense tried to exclude the records or dismiss the case, but the court dismissed the appeal as untimely since the case had not yet gone to trial. Attorney Walter McKee is defending Black and I am sure he has a few tricks up his sleeve. Stay tuned for further coverage.
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