On Point blog, page 12 of 12
Arrest — Probable Cause — Drug Odor, Multiple Possible Sources, Emanating from Home
State v. Michael Wilson, 229 Wis.2d 256, 600 N.W.2d 14 (Ct. App. 1999)
For Wilson: Martha A. Askins, SPD, Madison Appellate.
Issue/Holding:
Ison lacked probable cause to arrest Wilson when he refused to allow Wilson to use the bathroom because at that time, Ison could not identify Wilson as the source of the marijuana odor emanating from the basement. The Wisconsin Supreme Court recently held that “the odor of a controlled substance provides probable cause to arrest when the odor is unmistakable and may be linked to a specific person or persons because of the circumstances in which the odor is discovered or because other evidence links the odor to the person or persons.”State v.
Arrest — Probable Cause — Drug Odor: “raw” marijuana — Search of Passenger.
State v. Mata, 230 Wis.2d 567, 602 N.W.2d 158 (Ct. App. 1999)
For Mata: Daniel P. Murray.
Issue: Whether the police had probable cause to search the passenger of a stopped car, based on the odor of “raw” marijuana.
Holding: The odor of marijuana was sufficiently linked to the passenger to justify the search.
The police stopped a car because it didn’t have a front plate.