Chesapeake police officer James Garrett testified that he was driving with his windows down on Campostella Road, on the evening of April 10, 2012. (Hamptonroads.com) About that time, he turned onto Berkley Avenue and passed a Chrysler 300 that was being driven by Aaron Anderson of Norfolk.
The officer said that through his window, he smelled marijuana. So, he turned around and followed the Anderson car. The officer testifed that he smelled raw marijuana again a couple of minutes later and then stopped the Anderson car. At that point, he made Anderson get out of the car. Anderson then confessed to having the drug on him and proceeded to pull 2.5 grams out of his pants, according to the officer.
The officer then testifed that he also smelled marijuana in the car, but a search yielded nothing but a few seeds and leaf fragments. Based on that evidence, Garrett issued an arrest summons and Anderson showed up in Court wearing a marijuana themed “Pineapple Express” T-shirt.
Judge Marjorie A Taylor Arrington listened to the evidence of the officer. Then, she announced that “This is a case of common sense” and dismissed the drug charge against Garrett. She found that the testimony that the officer could smell raw marijuana as a basis to stop the car, simply did not pass the sniff test! As the public defender put it, “Are they also going to say that they smell the odor of alcohol and stop people for driving under the influence?” Apparently… not in Chesapeake.
DID YOU KNOW that “triscadecaphobia” is the fear of the number 13? I was going to type a response to that but I am stumped by it. Yet, is that called “triscadecastumpia?” No… no it’s not.
And for pic o’ day…