46 Kan. App. 2d 474 - State v. Stevenson’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Once Stevenson was removed from the car and it was determined that he was not intoxicated, the clear source of the ‘very strong’ odor of alcohol was the interior of the car. In fact, it was so strong the officers immediately associated the odor with an open container that had spilled in the vehicle, certainly a fair inference. If the alcohol was being transported legally in an unopened container, it would not have a detectable odor. It was reasonable for the 'officers to act on their suspicions, rather-than ignore evidence which signals a crime. See State v. MacDonald, 253 Kan. 320, 325 , 856 P.2d 116 (1993) (odor of burning marijuana is sufficient by itself .to establish probable cause to séarch a vehicle); State v. Goff, 44 Kan. App. 2d 536, 540 , 239 P.3d 467 (2010), [rev. denied 292 Kan. 967 (2011)] (odor of raw marijuana is sufficient by itself to establish probable cause to search a vehicle). ' ' ’ “Under the totality of the circumstances, we find that under the facts of this case, the very strong odor of alcohol emanating from inside the vehicle, when the sole occupant of the vehicle had been excluded as &⅜ source of the odor, constituted .probable cause to search the vehicle for open .containers of alcohol.” 46 Kan. App. 2d at 480 .”

   1 later decision quote this exact passage
   e.g. State v. Stevenson