Commonwealth v. Duell

CAVANAUGH, Judge:

This is a Commonwealth appeal from an order suppressing evidence obtained as the result of an automobile search. For the reasons discussed below, we reverse.

At approximately 11:45 p.m. on April 6, 1980, two police officers stopped an automobile operated by Richard MacBlain for making an illegal turn. Appellant, Doyle Duell, was a passenger in the front seat of the car. One of the officers testified that when Mr. MacBlain rolled down the driver’s window, he (the officer) detected an odor of burning marijuana inside the car. He then saw a partially full bottle of wine on the…