Commonwealth v. Lites

A Superior Court judge concluded that the fresh odor of burnt marijuana emanating from the open door of a stopped automobile was a sufficient basis upon which to arrest the defendant, a passenger in the vehicle, and that subsequent interrogation of the defendant in violation of his Miranda rights did not require suppression of physical evidence found on the defendant’s person because the items would inevitably have been discovered.1 The defendant was thereafter convicted by a Superior Court jury of possession of a class D controlled substance (marijuana) in violation of G. L. c. 94C, § 342;…