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MD: Odor of ether alone not PC

By John Wesley Hall, Jr.

“We shall hold that the totality of the circumstances do not provide a concrete reason to associate the odor of ether with criminal activity or contraband, and, accordingly, the officer did not have probable cause to arrest the petitioner.” Bailey v. State, 2010 Md. LEXIS 7 (January 14, 2010). Search would be bad under Gant, but suppression not required because of inevitable discovery. United States v. Stotler, 2010 U.S. App. LEXIS 878 (7th Cir. January 14, 2010): To all this, we add a final point. The inevitable discovery doctrine holds that even an illegally seized item need not be suppressed if the government can prove by a preponderance of the evidence that the officers would have discovered it by lawful means. Nix v. Williams, 467 U...continue to full post

Full post as published by Fourth Amendment on January 18, 2010 (boomark / email).