ALLEGED DEALER'S SMELLY CASE GETS THROWN OUT

The cops followed their noses last Feb. 5 when they arrested Heriberto
Bahamonde on pot possession charges.

Officers said they smelled marijuana inside Bahamonde's car and seized a
plastic bag sticking out of a change compartment on the dashboard.

The bag contained about $1,400 worth of pot and cocaine, police said.

But yesterday, Bahamonde's lawyer, Guy R. Sciolla, persuaded Common Pleas
Judge James J. Fitzgerald to throw out the evidence, leaving the
prosecution with no case.

"The odor of marijuana is not probable cause to believe there are drugs in
the car and to make a search without a warrant," Sciolla said.

The district attorney's office has 30 days to appeal or drop the charges.

Bahamonde's car had been speeding before skidding on a patch of ice and
striking a parked auto near 6th and Cambria streets at 11:20 a.m.

Bahamonde, 22, of 6th Street near Pike, was charged with being a drug
dealer. He was also ticketed for speeding, reckless driving and for not
having a driver's license or insurance.

Bahamonde had bought the car the day before at an auction.

The prosecution contended that "the drugs were in plain view" when cops
looked inside the car, therefore making the seizure legal.

But Sciolla countered, "The only thing in plain view was the corner of a
plastic bag."

Fitzgerald said police did have probable cause to believe marijuana was
secreted in the car, but said there was plenty of time for the cops to have
obtained a warrant to seize it.

Bahamonde was not a threat to drive off with the car and the evidence,
noted the judge.

"The warrantless search of the vehicle was not justified. . .," said
Fitzgerald.