Split Kansas High Court Allows Officers’ Pot Odor Statements As Lay Testimony

(December 10, 2018, 12:36 PM EST) -- TOPEKA, Kan. — The Kansas Supreme Court in a 4-3 decision on Dec. 7 said a trial court in a criminal case did not abuse its discretion in finding that police officers’ ability to identify the odor of marijuana did not convert the officers’ lay testimony into expert opinions (Kansas v. Lawrence C. Hubbard, No. 113,888, Kan. Sup., 2018 Kan. LEXIS 592)....

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