Posted on 12/12/2018 4:44:58 PM PST by KC_Lion
A divided Kansas Supreme Court affirmed Lawrence Hubbards misdemeanor convictions in a case demonstrating police officers relying exclusively on olfactory skills to detect raw marijuana can supply probable cause to support search of a residence.
The decision by the high court extended to a private residence the accepted principle in Kansas that a trained and experienced officers detection of the aroma of marijuana could justify the legal search of a vehicle. The ruling also resolved conflicting Kansas Court of Appeals decisions.
Supreme Court justices, on a 4-3 vote, rejected arguments put forth by Hubbards attorney, including questions about whether Lawrence Police Officer Kimberly Nicholson and one of her peers had to be an expert in pot odor to testify about justification for search of the apartment. Hubbard also challenged whether Nicholson was capable of detecting the strong odor of raw marijuana emanating from the apartment while standing outside the buildings front door.
Justice Dan Biles, who wrote the majority opinion released Friday sustaining the Court of Appeals decision in 2016 upholding the convictions, said officers didnt have to perform a sophisticated sensory task to proceed with reasonable action intended to prevent possible destruction of evidence.
(Excerpt) Read more at cjonline.com ...
If you have so little pot that you can actually flush it, the police are wasting their time with you. "Drugs" should not be the root password to the Constitution.
SCUM. Hops, some grasses and many types of herbs smell almost identical. Hell, a skunk spraying on your property will smell like it.
There is no verifiable third party way to know what a cop smelled. With this allowed, they could claim they always smell something and search anyone at will. Dogs can also be easily retrained to give false readings and their “testimony” should NOT be admissible in any court.
The smell must be measured with a calibrated machine while on camera to be admissible in court. Just like they do with tests for DUI.
Also, cops dont have to prove a package of drugs a cop “found” is actually yours. Plenty of people have bought cars with hidden packages and cops have been caught planting on innocent people to get promotions or settle personal grudges. I’ve never seen one get jail time even when caught on camera...
Using cannabis in a illegal state is not a wise move.
Working to get the state law changed would be much wiser, IMO.
Agreed, but the issue issue is whether the odor justifies a search of a motor vehicle, not a person's home.
Yes, skunk. Thank you. I told my son that and he just laughed at me.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.