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STATE v. SECRIST

No. 97-2476-CR.

218 Wis.2d 508 (1998)

582 N.W.2d 37

STATE of Wisconsin, Plaintiff-Respondent, v. Timothy M. SECRIST, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 1, 1998.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Patrick M. Donnelly, assistant state public defender.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Paul E. Bucher, district attorney, and Linda M. Van De Water, assistant district attorney.

A supplemental brief was submitted by James E. Doyle, attorney general, and Thomas J. Balistreri, assistant attorney general.

Before Brown, Nettesheim and Anderson, JJ.

BROWN, J.

The issue in this case is whether the odor of marijuana emanating from a vehicle is enough to establish probable cause to arrest the sole occupant of the vehicle. The trial court found the odor of marijuana sufficient to establish probable cause. Because odor from a vehicle alone does not give an officer reasonable grounds to conclude that the sole occupant of the vehicle is the person who smoked the marijuana...

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