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Kansas Supreme Court affirms conviction based on LEO's sense of smell
Posted: Tue Dec 11, 2018 4:52 pm
by DispositionMatrix
Kansas Supreme Court decision in marijuana case hinges on Lawrence officers’ sense of smell
A divided Kansas Supreme Court affirmed Lawrence Hubbard’s 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 officer’s 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 Hubbard’s 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 building’s front door.
Re: Kansas Supreme Court affirms conviction based on LEO's sense of smell
Posted: Tue Dec 11, 2018 5:10 pm
by YankeeTarheel
I dunno.
I haven't smoked marijuana since 1980 (and EVERY statute of limitations expired decades ago), and yet the second I smell the smoke--it can be years and years between incidents--I INSTANTLY know what it is.
And smell memories are one of the strongest memories we have. Even people who've never tried it but have smelled the smoke NEVER forget the scent/aroma/stink of pot.
Re: Kansas Supreme Court affirms conviction based on LEO's sense of smell
Posted: Wed Dec 12, 2018 10:35 am
by highdesert
Hubbard also challenged whether Nicholson [cop] was capable of detecting the “strong odor of raw marijuana emanating from the apartment” while standing outside the building’s front door.
A detailed search of the house after securing a warrant didn’t reveal a pile of pot on a dining room table or stacked in a secret room. The only significant amount of unsmoked marijuana was 25 grams stored in a closed Tupperware container locked inside a safe located in Hubbard’s bedroom closet. A small amount of weed was detected on a partially burnt cigarillo in the living room.
The closet holding the safe was an estimated 30 feet from where Nicholson said she first inhaled evidence of unsmoked marijuana, said Jim Rumsey, the Lawrence attorney representing Hubbard.
“From 30 feet away we’re supposed to believe she can smell raw marijuana?” Rumsey said. “I’d suggest no reasonable person could do that.”
Misdemeanor convictions, but it's the principle that if the search was illegal (no probable cause) so were any drugs found. It appears the cops and DA got a freebee with this decision.
Re: Kansas Supreme Court affirms conviction based on LEO's sense of smell
Posted: Thu Dec 13, 2018 9:29 am
by YankeeTarheel
highdesert wrote: Wed Dec 12, 2018 10:35 am
Hubbard also challenged whether Nicholson [cop] was capable of detecting the “strong odor of raw marijuana emanating from the apartment” while standing outside the building’s front door.
A detailed search of the house after securing a warrant didn’t reveal a pile of pot on a dining room table or stacked in a secret room. The only significant amount of unsmoked marijuana was 25 grams stored in a closed Tupperware container locked inside a safe located in Hubbard’s bedroom closet. A small amount of weed was detected on a partially burnt cigarillo in the living room.
The closet holding the safe was an estimated 30 feet from where Nicholson said she first inhaled evidence of unsmoked marijuana, said Jim Rumsey, the Lawrence attorney representing Hubbard.
“From 30 feet away we’re supposed to believe she can smell raw marijuana?” Rumsey said. “I’d suggest no reasonable person could do that.”
Misdemeanor convictions, but it's the principle that if the search was illegal (no probable cause) so were any drugs found. It appears the cops and DA got a freebee with this decision.
My point is: I don't doubt that a cop could smell MJ and instantly recognize it. It's both pungent and distinctive. I'd know it anywhere.
But, in my mind, it comes down to whether anyone could smell it outside the building's door. IOW, not whether the LEO could smell it, but could anyone smell it at the location listed in the arrest documents.
Re: Kansas Supreme Court affirms conviction based on LEO's sense of smell
Posted: Thu Dec 13, 2018 11:54 am
by Eris
I've been in apartments where we could smell the pot from another apartment a couple of doors down. That odor seeps through cracks around doors easily and can be smelled even when you'd think you are otherwise insulated. I have no trouble at all believing that the cop could smell it from outside.