Delaware High Court Upholds Use Of Officer’s Testimony On Smell Of Marijuana Odor

Mealey's (October 4, 2016, 1:22 PM EDT) -- WILMINGTON, Del. — The Delaware Supreme Court on Sept. 29 found no error in the allowance of a police officer’s testimony on the smell of marijuana odor, which led to a search of a vehicle, because establishing an intent to deliver drugs requires “something else” such as the officer’s testimony beyond proving possession, quantity or packaging (Kenneth Fowler v. State of Delaware, No. 595,2015, Del. Sup.; 2016 Del. LEXIS 506).

(Opinion available. Document #30-161014-018Z.)

According to the State of Delaware, the police arrested Kenneth Fowler on...
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