ODOR ENOUGH TO WARRANT ARREST, HIGH COURT RULES

Police officers may rely on their noses when making arrests for drug
possession, the Supreme Court ruled Tuesday.

A Waukesha County circuit judge was correct when he ruled that a
police officer lawfully arrested a man and searched his car after the
officer noticed the odor of marijuana smoke coming from the car, the
state's highest court said in a decision announced Tuesday.

The decision overturned a Madison-based state Appeals Court decision.
The appeals panel had reversed Judge Donald J. Hassin Jr.'s judgment
when he convicted Timothy M. Secrist in March of 1997 for possession
of a controlled substance.

Secrist, 25, was arrested July 4, 1996, when he stopped to ask
directions from New Berlin Police Officer Andrew J. Szczerba, who was
directing parade traffic. Szczerba immediately noticed a strong
marijuana odor coming from the car and arrested Secrist.

Another officer searched Secrist's car, finding a marijuana cigarette
in the ashtray.

Hassin had denied a motion by Secrist to suppress physical evidence on
the grounds that his arrest was illegal. But the Appeals Court
reversed Hassin's decision saying that marijuana odor coming from a
car is not enough to establish that its occupant was the person who
smoked the substance.

The Supreme Court disagreed.