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STATE v. MATA

No. 98-2895-CR.

230 Wis.2d 567 (1999)

602 N.W.2d 158

STATE of Wisconsin, Plaintiff-Respondent, v. Juan MATA, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 22, 1999.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Daniel P. Murray of Love, Voss, Murray & Goeschko of Waukesha.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Stephen W. Kleinmaier, assistant attorney general.

Before Brown, P.J., Nettesheim and Snyder, JJ.

NETTESHEIM, J.

The issue on appeal is whether a police search of a passenger in a motor vehicle based solely on the odor of marijuana is reasonable. Based upon our supreme court's decisions in State v. Secrist, 224 Wis.2d 201, 589 N.W.2d 387, cert. denied, 119 S.Ct. 1799 (1999), and State v. Mitchell, 167 Wis.2d 672,

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