A State Trooper's claims that he is able to smell marijuana growing from hundreds of feet away has been tossed out by a federal judge.
Trooper Kyle Young says he smelled a strong odor of marijuana while driving by several hundred feet away from the Wasilla home of Trace Rae and Jennifer Anne Thoms in February 2010 and used the smell as justification for search warrant which turned up 500 marijuana plants at the home.
During testimony last February, Thoms said that his grow room, which was separate from the main home, was insulated, sealed and also had air filters. The defense also brought in an expert who said that it's unlikely that Young could have smelled the pot from that far away.
On Friday Superior Court Judge John Sedwick ruled in favor of the defense, agreeing that Young probably couldn't smell the marijuana.
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