Bailey v. State

Dissenting Opinion by HARRELL, Judge, which BARBERA, J., Joins.

I doubt that anyone who sat on this case, whether on this Court or any court through which it passed, could identify the smell of ether before now, if at all.1,2 To his credit and *388training,3 Officer Lewis at least appreciated the odor of ether present and emanating from Bailey4 and associated it with a role in the life cycle of a specific illicit drug, PCP.5

*389The smell of ether has been described as a “unique and pungent aroma ... associated with POP,” People v. Luna, 140 Cal.App.3d 788, 790, 189 Cal.Rptr. 792 (2nd Dist., 1983), a…