Summary
In People v. Kim, 29 Misc. 3d 1218(A), 2010 WL 4348210 (Nassau Dist. Ct. 2010), the court noted that although some courts have recognized that "plain smell" can serve as an analogue to "plain view" [citing to U.S. v. Williams, 822 F.2d 1174 (D.C. Cir. 1987) and Matter of Marrhonda G., 151 Misc. 2d 149, 575 N.Y.S.2d 425 (Fam.
Summary of this case from People v. SuncarOpinion
October 28, 2010.
Crimes — Unlawful Search and Seizure — "Plain smell" of unburnt marijuana did not justify search of automobile.