State v. Elliott

Defendant appeals from a conviction for possession of marihuana, assigning as error the denial of his motion to suppress the evidence that was the basis of this charge.

While driving a pickup truck, defendant was stopped by a police officer for a traffic violation. As defendant pulled out his wallet, after being asked to produce his driver’s license, a pack of cigarette papers fell to the ground. As defendant handed over his license, the officer smelled what he believed to be the odor of burned marihuana. Officer McClellan had had narcotics training that included training in the recognition of…