PEOPLE v. MARTIN


169 A.D.2d 1006 (1991)

The People of the State of New York, Respondent, v. John C. Martin, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 31, 1991


We reject defendant's claim that the Troopers lacked probable cause to justify the search of the vehicle he was driving. There is no question that the vehicle had been properly stopped after it had been observed to be speeding. Upon their approach of the vehicle both Troopers detected the odor of marihuana smoke coming from the vehicle. That fact alone has been held sufficient to provide police officers with probable cause to search...

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