Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

UT: Too many air fresheners was RS

By John Wesley Hall, Jr.

Overwhelming number and odd collection of air fresheners is reasonable suspicion. State v. Richards, 2009 UT App 397 (December 31, 2009): ¶1 This appeal presents the issue of whether a police officer had a reasonable, articulable suspicion that criminal activity was afoot so as to justify the investigatory detention of Defendant Heather Richards when the officer was confronted with the overwhelming smell of air fresheners and saw multiple odor masking agents such as orange rinds, Lysol, and Armor All. We conclude that the odd combination of odor masking agents and strong smells emanating from defendant's vehicle are objective facts that gave rise to a reasonable, articulable suspicion that Defendant was involved in drug trafficking. Dealing with prior authority that both sides argued supported their case, the Pennsylvania Supreme Court holds that an apparent hand-to-hand drug deal in a high crime area at night was probable cause for a stop...continue to full post

Full post as published by Fourth Amendment on January 01, 2010 (boomark / email).