State v. Fewell

I dissent from the majority’s determination that there was probable cause to search the person of Ramon I. Fewell. I concur in the other holdings of the majority.

Regarding the majority’s analysis of the probable cause issue, I do not quarrel with the statements regarding the applicable law. Rather, I disagree with the application of those principles to the facts of this case. Specifically, I reject the majority’s conclusion that the officer’s investigation did not lessen the reasonable suspicion that arose from Fewell’s presence in a vehicle that smelled of burnt marijuana.

As the majority…