State v. Peterson

The defendant appeals from conviction of illegal possession of marihuana, OES 474.020, and assigns as error the denial of his motion to suppress evidence. The motion was made after testimony concerning the evidence seized had commenced in the jury trial.

Officers testified that the defendant and a companion were detected on school property at 11:53 p.m. on July 6, 1968. When one officer went closer to investigate, they ran. He caught one after a chase and immediately detected a strong odor similar to the smell of marihuana on the suspect’s breath. The other suspect returned and the officers…