STATE v. FEWELL

No. 95,041.

152 P.3d 1249 (2007)

STATE of Kansas, Appellee, v. Ramon I. FEWELL, Appellant.

Court of Appeals of Kansas.

March 2, 2007.


Attorney(s) appearing for the Case

Carl Folsom, III, of Kansas Appellate Defender Office, for appellant.

Amy M. Memmer, assistant district attorney, Robert D. Hecht, district attorney, and Phill Kline, attorney general, for appellee.

Before RULON, C.J., GREENE and HILL, JJ.


HILL, J.

In this appeal we must answer the question whether it is permissible for a trooper, who smelled the odor of burnt marijuana coming from inside the passenger compartment of a car, to search the driver of a car stopped for speeding. Under the facts of this case — where the odor is of burnt marijuana and the driver admitted the passenger in the car had just smoked some marijuana, the trooper was alone at the scene, and any evidence could have easily been...

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