Category Archives: Plain view, feel, smell

IA: Passenger smelling of MJ not PC as to the whole car

Defendant’s car was parked at a gas station pump too long while one of them went for gas money. The police showed up, asked for IDs and found a warrant on the passenger. The passenger got out of the car, … Continue reading

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W.D.Ky.: A safe can’t be seized under plain view during an emergency entry after a shooting; its contents are unknown

“Here, police were investigating a serious crime involving gunfire and could not account for a victim. Based on the totality of evidence that the officers were aware of at the time they decided to make entry into the residence, it … Continue reading

Posted in Emergency / exigency, Plain view, feel, smell | Comments Off

WV: Smell of burning MJ coming from def’s house was justification to enter

Officers approaching defendant’s house could smell marijuana. When the door was opened, the smell got stronger, and that justified a warrantless entry. State v. Ott, 2017 W. Va. LEXIS 256 (April 10, 2017) (memorandum). The CI never said he was … Continue reading

Posted in Arrest or entry on arrest, Plain view, feel, smell | Comments Off

OH3: Drug dog on scene in 1 min didn’t prolong the stop

Defendant was stopped for window tint, and the drug dog arrived within one minute. The dog sniff did not delay the stop because no response had yet been received from dispatch. State v. Wade, 2017-Ohio-1319, 2017 Ohio App. LEXIS 1340 … Continue reading

Posted in Dog sniff, Plain view, feel, smell | Comments Off

D.Kan.: Officers on consent search saw cell phone in plain view and they knew it would have evidence on it; seizure proper

The court assumes without deciding that defendant had standing to challenge the search of his sister’s house because, although he was kicked out because of an arrest warrant for him, she let him back in to take a shower, charge … Continue reading

Posted in Plain view, feel, smell, Reasonable suspicion | Comments Off

D.Me.: When acting on smell of burning MJ, officer doesn’t have to determine whether def has an MMJ card to nullify PC

The smell of marijuana in a national park led to the ranger seeing defendant with a vaporizer smoking device and a stronger smell. This was probable cause, and probable cause doesn’t depend on the officer inquiring whether the defendant has … Continue reading

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E.D.Mich.: Defense can’t get “activity logs” of officers for 60 days prior to his stop to see if they also smelled MJ then; what would it prove?

Defendant filed a motion to suppress and a motion to produce the “activity logs” of the officers involved for the 60 days prior to his stop. He wants to see whether the officers claimed to have smelled marijuana during those … Continue reading

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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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