The Boston Globe - 13.08.2019

TUESDAY, AUGUST 13, 2019 The Boston Globe Metro B

By Felicia Gans
GLOBE STAFF
The smell of unburnt mari-
juana alone is not probable
cause to search a warehouse in
Massachusetts, unless other
evidence points to illegal activ-
ity, the state’s Supreme Judicial
Court wrote in a ruling Mon-
day.Pot od
But the court said there was
plenty of other evidence to sup-
port a 2017 search of a ware-
house in Amherst, where police
found an illegal marijuana
growing operation.
The defendant in the case,
Gregory W. Long, was arrested
in October 2017 alongside sev-
eral others in connection with
an 11,000-square-foot ware-
house in Amherst, where police
say they found an illegal mari-
juana growing operation.
Long was charged with traf-
ficking in more than 50 pounds
of marijuana, but his lawyer
said the evidence against him

should be suppressed. They ar-

gued that the police couldn’t

rule out the possibility “that the

odor emanating from the win-

dowless, 11,000-square-foot,

cinder-block warehouse was

the product of the legal mari-

juana use, possession, or culti-

vation,” the SJC decision said.

In Massachusetts, adults

over the age of 21 can grow up

to six plants in a private resi-

dence, and up to 12 plants in a

residence where two or more

adults live.

The court agreed with the

argument that the smell of un-

burnt marijuana alone is not

evidence of illegal marijuana-

related activities.

“Our appellate courts con-

sistentlyhaveheldthatthe

odor of marijuana, burnt or un-

burnt, without more, is insuffi-

cient to establish probable

cause that a crime is being com-

mitted,” the court wrote in its

decision.

But in Long’s case, the deci-

sion said, other evidence point-

ed to illegal activity, which jus-

tified searching the warehouse.

Prior to getting a warrant to

search the property, police no-

ticed surveillance cameras

around the building and chang-

es to the warehouse’s ventila-

tion system — “methods uti-

lized to cultivate and harvest

marijuana,” the court said.

Officers also checked the

registration of the cars parked

in the driveway and reviewed

the criminal records of the driv-

ers. Police said Long had six en-

tries on his record, including

three previous cases of marijua-

na possession. Officers also

checked to see whether Long

had a medical marijuana card

or was otherwise licensed to

grow marijuana, but found that

he was not.

Attorney Luke Ryan, who

represented Long, said he nev-

er argued that the scent of mar-

ijuana should play no role in

determining whether there is

probable cause, and he criti-

cized the court for summariz-

ing his argument that way in its

ruling.

His argument, he said, was

that the police did not have

enough evidence of criminal

misconduct before searching

the warehouse. He also said

that the court ultimately used

evidence in its decision that Ry-

an didn’t address in his brief.

“It’s a decision that doesn’t

give enough attention to the to-

tality of circumstances that

probable cause ought to com-

mand,” he said.

The SJC ruled in 2011 that

the smell of burnt marijuana in

a car did not justify searching a

vehicle. In 2014, the court ruled

the scent of unburnt marijuana

wouldn’t justify the search of a

vehicle, either. (The court clari-

fied earlier this year that the

smell of burnt marijuana,

paired with peculiar behavior

from the driver, or other evi-

dence that the driver is under

the influence,isgrounds for a

search.)

Matthew Segal, the legal di-

rector for the American Civil

Liberties Union of Massachu-

setts, said the court has consis-

tently respected the will of Mas-

sachusetts voters who first de-

criminalized marijuana and

laterlegalizedmedicaland

adult-use marijuana.

Monday’s decision, Segal

said, is more evidence that the

court will continue in that vein.

“Respecting the will of the

voters means that the police

should not be investigating

marijuana-related conduct

that’s not a crime in Massachu-

setts,” he said.

Though the SJC’s decision

didn’t work out in Long’s favor,

Segal said, “there’s nothing in

this opinion that says it’s now

open season on people who are

using marijuana consistent

with state law.”

Felicia Gans can be reached at

[email protected]. Follow

her on Twitter @FeliciaGans.

SJC:Unburntpotodornotgroundstosearchwarehouse

Morerulesneeded

forprobablecause

By Travis Andersen
GLOBE STAFF
They won’t want an encore
of this rowdy behavior.
Three people were taken
into custody early Monday at
Encore Boston Harbor follow-
ing separate disturbances at the
casino, State Police said.
The first incident occurred
shortly after 2 a.m., they said,
as patrons were leaving Mé-
moire, a nightclub inside En-
core.
State Police said the distur-
bance involved a large number
of patrons, requiring officers to
call in backup units.
Shani Mohamed Abo, 29, of
Everett, was arrested and
charged with assault, disorder-
ly conduct, and resisting arrest
after he allegedly became unco-

operative and combative with a

club security officer and police.

Trouble flared again at

around 2:15 a.m., as police re-

sponded to a second fight in-

volving a large group in the ho-

tel’s main lobby, State Police

said:

“Troopers from the [Gaming

Enforcement Unit] and State

Police-Medford located a Lynn

man, who allegedly became in-

volved in a verbal altercation

with two women, then pushed

one of them and grabbed her

cell phone from her hand and

threw it across the lobby. Fur-

ther investigation revealed that

the suspect allegedly inappro-

priately touched one of the

women. The suspect, Herby

Charmant, 25, of Lynn, was

taken into custody and charged

with indecent assault and bat-

tery, assault and battery, lewd

and lascivious behavior, and

disorderly conduct.”

Another fight broke out less

than 10 minutes later.

“At approximately 2:23 a.m.,

troopers responded to a third

fight, this one the gaming floor,”

State Police said. “Troopers

from State Police-Medford

quelled the disturbance and

dispersed a group of people.

One person, a 26-year-old Lynn

man, will be summonsed to

court for an assault and battery

charge.”

The Lynn man was not

named. A second Lynn man

had contact with troopers at

around 3 a.m.

“At approximately 3 a.m., as

multiple patrons involved in

disturbanceswerebeing escort-

ed off the property by State Po-

lice and Everett Police, police

attention was drawn to one

man who was highly intoxicat-

ed and continually yelling,” po-

lice said. “That man, a 32-year-

old Lynn resident, was taken in-

to protective custody.”

Its rough morning notwith-

standing, the Encore has been

raking in cash since its June

grand opening. The Globe re-

ported last month that the casi-

no took in $16.7 million in

gaming revenue in its opening

week, paying out $4.1 million

for taxes.

Travis Andersen can be reached

at [email protected].

Follow him on Twitter

@TAGlobe.

Rowdy morning at casino brings 3 arrests

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