In Commonwealth v. Cruz (2011) 459 Mass. 459 945 N.E.2d 899, police officers saw two men sitting inside a car parked in front of a fire hydrant. (Id., 945 N.E.2d at pp. 902-903.) One officer saw the driver light a type of cigar known to mask the smell of marijuana smoke. Another officer smelled "a 'faint odor' of burnt marijuana" from the driver's side of the car; the officer "had previously seen the defendant"--the passenger--"smoking a marijuana 'blunt.'" (Id. at p. 903.) Based on the "'odor of marijuana'" (ibid.) and the nervous way the men were acting, the police officers ordered the men out of the car and searched it. They discovered crack cocaine on the defendant. (Id. at pp. 903-904.) The trial court granted the defendant's motion to suppress. (Id. at p. 902.) The Massachusetts Supreme Court affirmed the suppression of the cocaine. It explained, "Although we have held in the past that the odor of marijuana alone provides probable cause to believe criminal activity is underway, we now reconsider our jurisprudence in light of" the changed "status of the possession of one ounce or less of marijuana from a criminal to a civil offense." (Cruz, supra, 945 N.E.2d at pp. 904-905.) Despite acknowledging that "possession of marijuana, in any amount, remains illegal" and that "any amount of marijuana is considered contraband," the Cruz court held that to search a vehicle pursuant to the motor vehicle exception, the police must have "probable cause to believe that a criminal amount of contraband was present in the car," not merely some lesser amount. (Id. at pp. 911-913.) The court also held that "without at least some other additional fact to bolster a reasonable suspicion of actual criminal activity, the odor of burnt marijuana alone cannot reasonably provide suspicion of criminal activity to justify an exit order." (Id. at p. 910.)