Whether the $370, Smith's nervousness, and the odor of perfume when coupled with the odor of marijuana provide probable cause is a close question. Probable cause is judged by the totality of the circumstances and not by judging each factor in isolation. Under current Kansas law the odor of marijuana alone is not enough, and the other factors in Smith's case provide little if any further support.Because the COA held the detectives did not have probable cause, it held the search violated the Fourth Amendment and reversed the conviction.
[Update: the state filed a PR on October 25, 2011.]
[Further update: the KSC denied the state's PR and the mandate issued on June 13, 2012.]