Category Archives: Plain view, feel, smell

D.S.D.: Court credits that officer could smell burnt marijuana coming from def’s car while driving

The court credits the officer that while driving behind defendant’s vehicle, the officer could smell burnt marijuana coming from it, and that was at least reasonable suspicion. United States v. Theus, 2017 U.S. Dist. LEXIS 26719 (D. S.D. Feb. 27, … Continue reading

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OH10: Smell of MJ from car justified its search; suppression reversed

The trial court erred in granting defendant’s motion to suppress because the officer smelled marijuana in defendant’s car, and that justified its search. Moreover, defendant wasn’t in custody when he was speaking to the officer, so his statements aren’t suppressed. … Continue reading

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D.P.R.: Officer’s testimony is just too convenient to be believed

In a remarkable opinion, the court finds the officer’s testimony just too convenient and, thus, incredible and suppresses the seizure by an alleged plain view. Also, the plain view required manipulation, and that’s not plain view. United States v. Mata-Peña, … Continue reading

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TX11: Smell of MJ from car and def’s person justified search of both

The smell of marijuana coming from a car and then defendant’s person when he got out is probable cause to search both. Defendant said he smoked all the marijuana five hours before the stop. Then he was found chewing it, … Continue reading

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D.P.R.: Consent before Mirandizing is not a violation of self-incrimination

Obtaining consent before Mirandizing the defendant is not a violation of self-incrimination. Defendant’s experience with the criminal justice system supports the voluntariness of his consent. United States v. Lopez-Fernandez, 2017 U.S. Dist. LEXIS 17791 (D. P.R. Feb. 6, 2017). Careless … Continue reading

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FL1: Officer was reasonable in reentering car to retrieve money he took off def and put in car seat; plain view sustained

When defendant was frisked, $1,188 was removed from him, and the officer put it on the trunk then thought to put it through the window so it wouldn’t blow away. The officer then acted reasonably going back into the unlocked … Continue reading

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CA8: Smell of MJ from car was PC

Defendant was stopped for no license plate and weaving. When the window came down, the smell of marijuana was apparent. The driver appeared under the influence. The passenger became agitated, and that confirmed to the officer he was too. A … Continue reading

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OH5: MJ grow in back yard visible from next door permitted officers to come to house to inquire

Defendant’s back porch was not curtilage. [Wrong! It is. We’ll just pretend the court didn’t say that.] Marijuana growing in the back yard was visible from the next door neighbor’s property, and that brought the officers to the house to … Continue reading

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E.D.Mich.: Squeezing bag of MJ when taking it off def wasn’t unreasonable; it was apparent what it was

Squeezing a baggie of suspected marijuana to sense its feel was not unreasonable, if that is part of defendant’s argument, which isn’t obvious. It was at arms length when seized, and its appearance was marijuana anyway. United States v. Barnes, … Continue reading

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MD: Even with MJ decrim, smell of pot in car is PC

Despite decriminalization of less than 10g of marijuana, the officer here had probable cause to search vehicle where he detects odor of marijuana emanating from vehicle, as marijuana in any amount remains contraband, notwithstanding decriminalization of possession of less than … Continue reading

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