People vs. T.B.

- A Defendant was stopped by the police for a routine traffic violation. The officer claimed that he smelled burnt cannabis emanating from the car. The officer, without a warrant, claimed that he had probable cause to search the Defendant and the vehicle, because of this alleged smell. The officer did not locate any illegal contraband or substances, but, after administering “Standard Field Tests” to this Defendant, he decided that the Defendant was driving under the influence of marijuana. The Defendant maintained his innocence. The case proceeded to trial, where the Defendant was acquitted solely on the cross examination of the officer, by Salvatore C. Miglore, on his lack of qualifications to determine or opine as to the effects of marijuana on a driver, and the lack of the applicability of field tests to marijuana cases. The defense did not have to call one witness and the Defendant was completely exonerated.