Moulden v. State

OPINION

PHILLIPS, Judge.

Appellant was convicted for the unlawful possession of marihuana. Punishment was assessed at 30 days’ imprisonment and a $200.00 fine, probated.

Appellant complains in his first two grounds of error that the trial court erred in overruling his motion to suppress the marihuana seized and the course of what he characterizes as an unlawful search and seizure. Appellant’s primary contention is that the odor of burnt marihuana, standing alone, does not provide a peace officer with the requisite probable cause to conduct a warrantless search of a motor vehicle. We disagree…