They haven't got no noses,
The fallen sons of Eve;
Even the smell of roses
Is not what they supposes;
But more than mind discloses
And more than men believe.
So laments a dog in G.K. Chesterton's poem The Song of the Quoodle. But even our relatively dull sense of smell can sometimes identify a substance. In the search and seizure context, it is not unusual for the distinctive smell of marijuana smoke to be a factor in the probable cause determination. See Monday's Supreme Court decision in Kentucky v. King.
Zoe Tillman reports at BLT that the D.C. Court of Appeals has upheld an open-container conviction based on the officer's sniff, without a lab test. Other evidence included the defendant's grogginess and disorientation, her bloodshot eyes, and the smell of alcohol on her breath and in her car. The opinion is here.
The fallen sons of Eve;
Even the smell of roses
Is not what they supposes;
But more than mind discloses
And more than men believe.
So laments a dog in G.K. Chesterton's poem The Song of the Quoodle. But even our relatively dull sense of smell can sometimes identify a substance. In the search and seizure context, it is not unusual for the distinctive smell of marijuana smoke to be a factor in the probable cause determination. See Monday's Supreme Court decision in Kentucky v. King.
Zoe Tillman reports at BLT that the D.C. Court of Appeals has upheld an open-container conviction based on the officer's sniff, without a lab test. Other evidence included the defendant's grogginess and disorientation, her bloodshot eyes, and the smell of alcohol on her breath and in her car. The opinion is here.

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