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Doesn't Pass the Smell Test

Essay by   •  November 18, 2012  •  Essay  •  212 Words (1 Pages)  •  1,103 Views

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At first glance, this may not seem to be big deal, but it could turn out to be a significant trend. Recently in Florida, a judge has dismissed a criminal case based on his doubt that a police officer could smell marijuana from a car passing by, giving him the right to search the suspects car. Cops who are trying to arrest suspects after saying they smelled marijuana in their passing cars are finding it hard to succed in court. In this case, a cop stopped suspect Glendon DeWayne Cokely, saying that he had smelled marijuana in his car as he passed at 35 mph. Withouth getting permission from Glendon, the police officer proceeded to search his car and ended up finding a small bag of marijuana. Glendon's attorney argued that it is nearly impossible for a police officer to smell non-burning marijuna stuffed in a sock, from a car passing at 35 mph. The judge agreed and threw out all evidence against the suspect. After the dismissal of this case, similar cases are re-appearing in court, with the defendant arguing a similar case as Glendon's. Also, cases of officers being able to smell pot growing in suspect's houses from the streets are also in the process of being dropped.

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