State v. McElroy

Defendant was convicted of unlawful possession of *377cocaine. On appeal he contends (1) no probable cause existed for the warrantless arrest of defendant, (2) seizure of the cocaine in a warrantless search of defendant at the station house subjected the evidence to the exclusionary rules, and (3) conviction without proof of possession of a quantity with a potential for abuse entitled defendant to a new trial.

On October 7, 1971, David Jansa, a police officer, through binoculars observed the driver of a van in a parking space of a drive-in light a pipe. A flame of 4 inches arose. It indicated…