State v. Kosman

OPINION

KLEINSCHMIDT, Presiding Judge.

The Defendant was detained by police when he and a friend, for whom the police had outstanding warrants, left the Defendant’s apartment. While several officers were making the arrest, other officers approached the door of the apartment with the avowed intent of entering it to make a protective sweep to prevent anyone who might have remained inside from interfering with the arrest. One officer testified that as he neared the door of the apartment he smelled burning marijuana. The officers entered and found no one else inside. They did see in plain view,…