Barocio v. State

Though the plurality labors mightily to force this case into the Johnson/Steelman framework, those cases stand for the proposition that the odor of illegal narcotics, standing alone, does not constitute probable cause to conduct a warrantless search. Here, the plurality refuses to consider the odor of contraband in conjunction with other factors tending to establish probable cause. Because here the odor of illegal narcotics does not stand alone, and all the evidence taken together constitutes probable cause and exigent circumstances sufficient to justify the warrantless entry, I would affirm…