Marijuana Law – Keyed to Mikos
Oregon v. Smalley
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Officer Jewell stopped a pickup truck for a traffic violation. Defendant was a passenger in the pickup truck. The driver consented to the officer’s search of the vehicle. When the officer opened the driver side door, he noticed a strong odor of marijuana. The officer moved the seat forward, causing the odor to get stronger. At that moment, the officer realized there was a backpack behind the seat. The closer he got to the backpack, the stronger the odor was, and the officer testified, “it was ‘obvious’” to him that the bag was holding a “large amount of marijuana.” The officer opened the bag and found sixty-two ounces of marijuana. Defendant admitted to owning the backpack. Defendant was charged with unlawful manufacture of marijuana and unlawful possession of marijuana. Defendant moved to suppress the evidence on the grounds that it was obtained without a warrant. The trial court granted the motion and suppressed the evidence. The State appealed the trial court’s order.
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