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Marijuana/Constitutional Law—State Ballot Reforms 2016: The Ramifications On Probable Cause In Massachusetts With Legal Marijuana Cultivation In The Home, Jacob T. Winniman

Western New England Law Review

2016 was a monumental year for state sovereignty regarding marijuana regulation. A total of nine states voted on marijuana reforms, with five deciding whether to legalize recreational use. Among them, Massachusetts voters came together in a display of democracy to end their decades long prohibition on recreational marijuana possession, distribution, and cultivation with a “Yes” on Question 4. By doing so, Massachusetts, as well as California, Alaska, and Nevada, joined the four other states in the Union to have legalized recreational marijuana, Colorado, the District of Columbia, Oregon, and Washington. As Massachusetts implements their marijuana reform, law enforcement faces a …

Criminal Procedure—Skirting The Warrant Clause: State V. Harris And The Special Needs Exception, Kelly Heuser

Western New England Law Review

In State v. Harris the New Jersey Supreme Court held that domestic violence search warrants based on reasonable cause will suffice in place of warrants based on probable cause under the statutory scheme of the Prevention of Domestic Violence Act (PDVA). This Note examines the Court’s reasoning in State v. Harris and its use of the special needs exception to circumvent the probable cause requirement in the Fourth Amendment’s warrant clause.

If searches and seizures are conducted without a warrant, they are considered presumptively unreasonable. Realizing that the demands of public safety do not always allow for the process of …

Probable Cause Revisted: Some Disturbing Implications Emanating From Illinois V. Gates, Edward G. Mascolo

Western New England Law Review

No abstract provided.