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c. Drug odor

State v. Alpesh D. Shah, 13AP2755, District 1, 9/9/14 (1-judge; ineligible for publication); case activity Police officers’ observations of Shah and his driving supplied probable cause to arrest Shah for operating with a detectable amount of a restricted controlled substance in his or her blood. Shah was stopped after he sped by two police cars and was… Read More

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State v. Timothy M. Secrist, 224 Wis. 2d 201, 589 N.W.2d 387, cert. denied, __ U.S. __ (1999), reversing, 218 Wis.2d 508, 582 N.W.2d 37 (Ct. App. 1998) For Secrist: Patrick M. Donnelly, SPD, Madison Appellate. Issue/Holding: The issue presented to the court is whether the odor of a controlled substance may provide probable cause to arrest, and… Read More

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State v. Michael Wilson, 229 Wis.2d 256, 600 N.W.2d 14 (Ct. App. 1999) For Wilson: Martha A. Askins, SPD, Madison Appellate. Issue/Holding: Ison lacked probable cause to arrest Wilson when he refused to allow Wilson to use the bathroom because at that time, Ison could not identify Wilson as the source of the marijuana odor… Read More

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State v. Mata, 230 Wis.2d 567, 602 N.W.2d 158 (Ct. App. 1999) For Mata: Daniel P. Murray. Issue: Whether the police had probable cause to search the passenger of a stopped car, based on the odor of “raw” marijuana. Holding: The odor of marijuana was sufficiently linked to the passenger to justify the search. The police… Read More

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