People v. Weaver

Defendant was convicted, after stipulated bench trial, of unlawful cannabis trafficking. Defendant’s trial was conducted as stipulated bench trial tantamount to a guilty plea, and Defendant did not enter a guilty plea, and thus compliance with Rule 604(d) is not a condition precedent to appeal. Establishing probable cause requires some evidentiary foundation for officer’s identification of a particular odor. Officer’s testimony that he smelled faint odor of raw cannabis, coupled with foundation testimony as to expertise, was sufficient for probable cause to search trunk. (HOLDRIDGE and O’BRIEN, concurring.)