The “plain smell” doctrine is longstanding, derives from plain view, and this court declines to resubmit the case for en banc review to reconsider it in the context of smell of marijuana in the car extending to the person in it. Mayfield v. Commonwealth, 2019 Ky. App. LEXIS 205 (Nov. 15, 2019).
Defendant’s claim that the trial court denied his motion to suppress in a Catch-22 [my words, not his] for not stating facts for relief without giving him access to the affidavit for the search warrant in the first place was affirmed per curiam. After denial of the motion, he entered a conditional plea to avoid a 30 year sentence. The concurring judge suggests he file under the court’s original jurisdiction to resolve the question. House v. State, 2019 Fla. App. LEXIS 17204 (Fla. 1st DCA Nov. 15, 2019).*