Monday, July 20, 2009

We Don't Need No Stinkin' Dogs!

I lost a motion to suppress once because the judge believed the police officer who claimed to have smelled marijuana coming from my client's car as it passed perpendicular to him as he was stopped at a stoplight. Since the officer found a roach in the ashtray, but no other marijuana, the judge believed the officer, and the arrest, which ended up resulting in a DUI stop, was upheld to my disbelief.

Now the press believes officers like this without any question about the outrageousness of this claim. As a local TV station reported today:

"Two Omaha Police Officers can credit their noses for one of the latest marijuana busts. While in their cruiser they smelled the odor of marijuana from the car they were following.

According to the report the officers were following a green 1999 Dodge Dakota pickup north on 52nd Street on Wednesday, July 8th, when the officers noticed the odor of marijuana.

Believing the marijuana smell was coming from the pickup ahead of them they slowed the cruiser, and the odor disappeared. Officers pulled the pickup over at 52nd and Northwest Radial Highway and told the two occupants in the vehicle why they were stopped.

The officer say the passenger admitted to smoking a "roach" recently, and told them it was still in the ashtray.

The passenger was taken out of the pickup and searched. Officer say they found .13 ounces of marijuana in a baggie in her front left pocket.

Nekeesha Lewis, 24 was cited for possession of marijuana and released."

Reasonable search?


Windypundit said...

My favorite response to this sort of thing comes from Georgia lawyer David S. West, who asked the cops to reproduce their spectacular feat of nasal prowess.

David Tarrell said...

I'll give that a try. Thanks.