Woerner v. State, s. 5552
| Citation | 453 P.2d 1004,85 Nev. 281 |
| Decision Date | 01 May 1969 |
| Docket Number | Nos. 5552,5645,s. 5552 |
| Parties | Robert E. WOERNER, Appellant, v. The STATE of Nevada, Respondent. |
| Court | Supreme Court of Nevada |
Robert E. Woerner was tried by jury in two separate trials in the district court. He was convicted, in one trial, of unlawful possession of marijuana (NRS 453.030) and, in the other trial, of unlawful possession of LSD (NRS 454.460). The cases have been consolidated in this appeal because the issues presented are identical; namely, (1) that both the marijuana and the LSD introduced during the trials were recovered as a result of illegal search and seizure and (2) that the evidence received was insufficient to establish that the drugs were in Woerner's possession.
Woerner was a registered guest at the Colonial House in Las Vegas. At approximately 7 p.m. on June 24, 1967, the motel's engineer-security officer went to Woerner's room to investigate a leaking water pipe. In the room were a number of people, several of whom had been involved in difficulties with the motel on previous occasions. As the evening wore on, the security officer noticed that traffic into and out of Woerner's room was on the increase; so he notified the manager, who telephoned the police. Two plain-clothed detectives arrived at about 11:30 p.m. and set up watch in a room adjoining Woerner's. They, too, observed the steady stream of traffic into and out of Woerner's room, and they soon detected a strong odor of marijuana. They stepped into the hallway and noticed that the door to Woerner's room was completed open. This was the only door open in that area of the hallway. They knocked on Woerner's door, and a male voice invited them to enter. They did so and immediately identified themselves as Clark County Sheriff's officers. The officers later testified that, as they entered Woerner's room, the odor of marijuana intensified. Once inside, they noticed first a switch-blade knife on the dresser. They asked who was the owner of the knife. No one in the room replied to their inquiry. The officers then advised the occupants of the room that they were under arrest for the unlawful possession of the knife, a gross misdemeanor. It was at this moment that the officers observed on a table in the room a plastic bag containing a leafy substance which appeared to be marijuana and another clear plastic bag containing what the officers believed to be LSD. A later chemical analysis confirmed their observations. Next to the marijuana on the table was a piece of copper tubing which at one end was shaped like a pipe bowl. The officers then placed Woerner and the others under arrest for unlawful possession of marijuana and LSD.
Motions to suppress the introduction of the marijuana and the LSD were made prior to both trials, and the motions were denied. Likewise, motions for new trials were denied. We agree with the rulings of the trial judges, and we affirm both convictions.
1. NRS 171.124 1 provides that a peace officer may make an arrest without a warrant when a person has committed a felony in his presence. Here, the officers had every reason to believe that a felony was being committed. After the officers detected the strong odor of marijuana coming through the open doorway of Woerner's room, they knocked and were invited to enter. Once inside Woerner's room, they noticed in full view the marijuana and the LSD. As the Supreme Court of the United States said in Harris v. United States, 390 U.S. 234, 236, 88 S.Ct. 992, 993, 19 L.Ed.2d 1067 (1968): ...
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