Weingart v. State

I

Statement on the Appeal

Staton, J.

Barry I. Weingart was stopped by Officer Norman L. Weber on State Road 56 for not having a taillight on his yellow Volkswagen. When the window on the driver’s side of the Volkswagen was rolled down by Weingart, Officer Weber recognized the odor of marijuana and observed a “roach clamp” hanging on Weingart’s shirt. A search of the ash trays disclosed the remains of what appeared to be marijuana cigarettes. Later, Weingart signed a written consent to a search of his automobile. A laboratory test confirmed that seeds found on the floor in Weingart’s automobile…