Miscellany

Defendant’s stop for having an invalid temporary tag led to his window being rolled down and the officer smelling marijuana. The fact it was in a small plastic bag wasn’t proof that the officer didn’t smell it. A gun was seen in the car during the stop. United States v. Hudson, 2015 U.S. Dist. LEXIS 50200 (W.D. Mo. March 16, 2015).*

Defendant was involved in a robbery, and search warrants were issued for two residences, neither of which was his. The government pled a lack of standing, but the parties didn’t really litigate it. Assuming defendant had standing, he loses on the probable cause for issuance of the search warrants. United States v. Johnson, 2015 U.S. Dist. LEXIS 50223 (D.Minn. March 13, 2015).*

The affidavit for the search warrant for defendant’s computer based on P2P downloads showed probable cause, and the affidavit for the warrant was not misleading. United States v. Burns, 2015 U.S. Dist. LEXIS 50220 (D.Minn. March 10, 2015).*

The court accepts as true the trooper’s testimony that he could smell marijuana coming from the car despite the defendant’s contention that it was less than an ounce. United States v. Pierre, 2015 DNH 083, 2015 U.S. Dist. LEXIS 50724 (D.N.H. April 17, 2015).*

The search of defendant’s car was with probable cause to believe a small quantity of drugs and a needle would be found. State v. Overman, 2015 Kan. LEXIS 227 (April 17, 2015).*