Willis v. State

Banke, Judge.

The defendant was stopped for speeding and then arrested for violating the Controlled Substances Act, based on the discovery of marijuana inside his vehicle. We granted an interlocutory appeal from the denial of his motion to suppress the contraband.

The arresting officer testified that he decided to search the interior of the vehicle because he could smell an odor of “fresh marijuana” coming from it and because the defendant was “acting nervous.” The defendant was standing outside the vehicle at the time, and through its open door the officer was able to see a red bag on the…