Category Archives: Plain view, feel, smell

CA4: $41,000 cash could be seized in execution of a warrant for marriage and immigration fraud based on def’s explanation

$41,000 cash could be seized in execution of a warrant for marriage and immigration fraud even though its evidentiary significance wasn’t instantly obvious. United States v. Kimble, 2017 U.S. App. LEXIS 7776 (4th Cir. May 2, 2017):

Posted in Plain view, feel, smell, Scope of search | Comments Off

C.D.Cal.: Even though California recognizes recreational marijuana, smell is still RS of driving under influence

Even though recreational use of marijuana is recognized in California, smoking while driving is still an offense, and smell is at least reasonable suspicion. United States v. Pearson, 2017 U.S. Dist. LEXIS 65260 (C.D. Cal. April 28, 2017).* “Based upon … Continue reading

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D.Nev.: Def corroborated officer’s smelling MJ by admitting he smoked in the car the previous night

Defendant corroborated the officer’s observation of the smell of marijuana coming from the car when he admitted having smoked marijuana in the car the night before. He also corroborated the drug dog by admitting he kept marijuana where the dog … Continue reading

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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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