The State v. Kazmierczak

I believe that the majority has improperly disapproved and/or overruled Georgia case law. I further believe that, when the circumstances underlying this case are viewed under standards recently reiterated by the Supreme Court of Georgia and under Georgia’s long-established and sound rule that the odor of marijuana is a factor to be considered amongst the totality of the circumstances when *824determining whether probable cause existed, the trial court correctly ruled on the suppression motion. For these, and other reasons set forth below, I dissent.

In State v. Palmer,7 the Supreme Court of…