Two North Georgia troopers say they followed their noses to the 10 pounds of marijuana stashed in the trunk of a car they'd stopped on I-75.
Troopers Jeff Adamson and Kevin Turner said they caught a whiff of "raw marijuana" from within Jarmane Vernon Knox's car. This gave them probable cause to search, find the pot and then arrest Knox and his passenger, Derrick Mikes.
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But Knox, of Chattanooga, claims that something about the arrest smells funny. Specially trained dogs are often used to sniff out illicit drugs, but is the human nose that sensitive?
The dispute has spawned a novel challenge in a court motion filed in Gordon County Superior Court. It seeks a court order to have the marijuana put back inside a trash bag and placed in the trunk of a random car in the courthouse parking lot. The troopers would then be given the chance to prove they can really smell as well as they say they can.
The motion, filed Knox's lawyer, David West of Marietta, seeks to have the seized marijuana suppressed as evidence from an unlawful search.
"It's ridiculous and totally stretches the possibilities of scientific fact to suggest these officers could smell a bag of raw marijuana that's tied up and enclosed in the trunk," West said. "They're trying to make us believe they can basically be drug dogs in this case."
District Attorney Joseph Campbell declined to comment on the motion. "We'll certainly review it," he said. "We don't talk about pending cases or pending motions."
Adamson, who is on military leave, could not be reached for comment. Turner did not return phone calls Tuesday seeking comment.
One scientific expert said he believes it was not possible for the troopers to have smelled the pot when standing outside the car.
"They can't do it," said Richard Doty, director of the University of Pennsylvania Medical Center's Smell and Taste Center. "They can't smell it, even if there's a lot of marijuana in the back of the car."
In 2004, Doty co-authored a paper, published in a American Psychology-Law Society journal, that cited a study that found the odor of pot from inside a car trunk was not reliably discernible, even by people with an excellent sense of smell. The study tested five men and five women, using marijuana supplied by the New Jersey attorney general's office that was put in a garbage bag and placed in the trunk of a two-door Chevy.
Little research has been conducted on the human capacity to detect marijuana's odor, the paper added. "This dearth of information bears considerable legal consequence, because courts often accept the argument ... that marijuana's odor can always be detected."
Knox's was arrested Nov. 16, 2006, when he and Mikes were driving north through Gordon County.
In his police report, Adamson wrote, he pulled Knox's car over because its license plate light was out and he could not tell whether the car had a tag.
Adamson said when he walked up to the car, he was overwhelmed by the smell of air fresheners and saw two hanging from the rear view mirror.
Knox, the driver, was instructed to step to the rear of the car. Knox initially gave the officer conflicting information about where he was going, prompting Adamson to walk to the passenger side of the car and talk to Mikes. At the side of the car, Adamson wrote, he smelled "raw marijuana."
Mikes said they had just returned from Greenbriar Mall. But Knox said they had been to the Old National Highway Flea Market.
"Based on my knowledge and training, I felt there was criminal behavior afoot," Adamson wrote.
Adamson then returned to his patrol car to run a check on Knox's driver's license and the car's vehicle identification number.
Adamson also called for backup, summoning Turner to the scene. When Turner arrived, "he clearly smelled raw marijuana coming from within the vehicle."
Knox and Mikes admitted to having earlier smoked a marijuana "blunt" but denied there was any pot in the car, the report said.
The officers searched the car and found the marijuana inside a white trash bag in the trunk.
Gwinnett District Attorney Danny Porter said cases like this are not highly unusual. When he was a drug prosecutor, Porter said, he was involved in cases where he could smell marijuana inside a car.
"These kinds of cases turn on the circumstances of the stop and the credibility of the officers," Porter said. "As for the marijuana, a lot of it depends on how it is packaged and the freshness of it. Sometimes there is a very distinctive odor."
But West, Knox's lawyer, said the court should not take the officers at their word. "I say if these officers really think they are human drug dogs, let's put them to the test," he said.
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Comments
By Medical
Nov 7, 2008 11:49 PM | Link to this
Wake the **** up America. Canabis has so much to give us. WE the PEOPLE need to stand up to the alcohol & tobacco industry, and pharmaceutical companies...Has anyone taken notice of the abuse of prescription drugs in the last few years. When the government makes alcohol & tobacco illegal...thats when the sham ends....peace out....ONE.org
By D Right One
Oct 9, 2008 10:04 AM | Link to this
I'm in love with Mary Jane.
She's my main thing.
She makes me feel alright.
She makes my heart sing.
And when I'm feeling low,
She comes as no surprise.
Turns me on with her love.
Takes me to paradise.
late genius songwriter, Rick James
That's why "Bud"weiser is so filling, lol
By sunny beach
Jul 22, 2008 3:34 AM | Link to this
At the end of the article...you will see that the officers had some basis to suspect something weird, but their statement and reasoning for search ... as to being able to smell out pot is totally retarded .
By Dan Hardwood
Jul 10, 2008 10:22 PM | Link to this
Some types of marijuana have a very strong odor and can be smelled at quite a distance. I think this attorney's scientific expert has been working in a lab too long. I grew up during the 60's and have smelled quite a lot of weed in my lifetime. I don't use marijuana but really don't see alot wrong with it. If these officers say they smelled marijuana in the car I would be inclined to agree.
By SavTechIE
Jul 9, 2008 7:24 PM | Link to this
Use the same car trunk for the test, but put it in line with other cars IN COMPLETE DARKNESS!
By d00d
Jul 9, 2008 3:50 PM | Link to this
are you kidding me? if the guy had it sealed up in clumps of 1-2 lbs in jumbo ziploc's with a layer of peanut butter, vaseline, or coffee grounds (preferably PB) follwed by another ziploc-- ok maybe. but if you're going to try to tell me that 10lbs of raw buds encased in a GARBAGE BAG and then placed in a trunk can't be smelled from outside the car, i'm going to laugh in your face. you could smell 10lbs 20+ feet down wind. g.u.a.r.a.n.t.e.e.d.
even if the officers can't reproduce the same results during the experiment, it really doesn't mean much- BUDS LOSE THEIR STANK OVER TIME, so if the buds have been sitting in Evidence for a month+ there's no doubt they'll have a more difficult time detecting them.
By Greg Peterson
Jul 9, 2008 3:41 PM | Link to this
This is not an ýeither/orý issue - there are many factors that could have allowed the police to sniff out that much pot.
Its would depend on the type of marijuana - how strong that pot smelled (was it the infamous aromatic sensimilli sp?) - how securely it was packaged, what kind of car (old vs new) - not all trunks are created equal or as secure or as air tight - plus factor in the condition of the rubber stripping used to seal a trunk that often gets old, torn and broken- whether the backseat can be easily reached from inside the trunk.
It would also depend on wind speed, direction and other conditions and whether any of the smell had accumulated in the suspect's clothing during their little smuggling operation.
I can think of several other factors.
To be fair to the cops, you'd have to exactly recreate these and other conditions to the same as time of the arrest - or the test would be mute and waste of time and taxpayer money.
By theman
Jul 9, 2008 2:57 PM | Link to this
Hey Jeff, Stop fondling your daughter, you scum
By jeff
Jul 9, 2008 2:45 PM | Link to this
hey "THE MAN" stop hitting the post
button, dipsht
By theman
Jul 9, 2008 2:43 PM | Link to this
jme63 you sound like a typical red neck scum, the very type that has recked havoc on the rest of trhe world and then try and justify it by by hiding behinf your hypocracies. Sure it's fine for you to put out the message and make it sound like you're some type of upstanding citizen. When if the truth beknown your'e probaly one of the biggest pot smoking, meth using scum ot there. Time and GOD usually take care of the likes of yourself (child molestering but),remember how you all allowed heroine and crack in to the lower class/minority communities. Well GOD decided to even the score by giving you guys METH. So convenient you all can just may it while you drive around I-285. So go ahead and hide behind your fake principles because the BIG GUY upstairs will always make it right. Remember just give it some time..
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