In municipal, state, and federal courts across the country, drug crimes (and their punishments) are often among the most popular topics for debate. While some states have enacted medical marijuana laws, any top criminal lawyer would warn people to watch out: if a law enforcement officer has reasonable suspicion that one has illegal drugs, you could be subject to arrest.
This is exactly what happened to Trace and Jennifer Thoms, who were both arrested on three marijuana charges, money laundering, and conspiracy. The arresting officer, a 20 year police veteran, Kyle Young, arrested the couple after he “smelled” the marijuana plants while in his parked patrol car. This is not the first time that Young has used his keen sense of smell to investigate marijuana grow operations. Since 1998, Young estimated that he has discovered and seized between 100 to 150 grow houses.
On the day of the Thoms arrest, Young was driving in a residential area near their home when he smelled a “strong odor of cultivating marijuana.” The downwind smell combined with his previous suspicions led Young to the Thoms residence. Upon checking property records he discovered that Trace had been previously convicted of a felony marijuana charge, amongst other things. The family utility bills also gave Young reason to be suspicious–Jennifer had two electricity accounts in her name, with an average monthly bill totaling $800.
A Police Officers “Nose” is Put Into Question
However, U.S. District Court Judge John Sedwick was far from convinced. Officer Young testified that he smelled the marijuana while in his vehicle, located approximately 450 feet away from the outbuilding. As if this suspicious distance was not enough to raise eyebrows, the outbuilding also had no windows and only two doors–both of which were completely insulated and sealed. Additionally, Trace testified that he changed the air filter in the outbuilding on a weekly basis to make sure that no smell floated from it.
To provide additional support for the defense, a smell expert was hired to testify against Young. David Doty, the director of the Smell and Taste Center at the University of Pennsylvania School of Medicine determined that there was a ‘zero’ probability that anyone could have smelled marijuana in that situation. For Young’s claims to be true, Doty concluded that several factors must have happened all at once–the air filter would have been malfunctioning and the air current must have carried the odor an extensive distance before reaching Young. Because there is no evidence of these things happening, Judge Sedwick ruled that his sense of smell was not justifiable cause for Officer Young to exercise a search warrant. As a result, all the seized evidence (about 500 marijuana plants) was thrown out, along with the drug charges against the Thoms.
Even though this case is one every drug defense lawyer would applaud, it is important to remember that searches on bad information can still be legal if the officer acted in good faith. The consequences of a drug crime conviction can be severe and life-changing, including steep fines and lengthy prison sentences. Like the Thoms, it is important to hire the top criminal attorneys in your area, who have years of experience protecting defendants against drug charges. Because of the severe consequences associated with drug crimes, you cannot afford to wait–contact help now.