D.Vt.: Smell of burnt marijuana reasonable suspicion to continue stop

“Based on the totality of the circumstances, Trooper Steeves had a reasonable, articulable suspicion that someone in the vehicle had recently smoked marijuana and that Defendant, as the vehicle’s sole occupant, was the likely source of both the odor and presence of marijuana. Although Trooper Steeves did not plan to arrest Defendant for the marijuana flake he initially observed in the vehicle, he had a reasonable suspicion that other contraband may be uncovered if the vehicle was searched. It was therefore reasonable for Trooper Steeves to ask Defendant if he would consent to a search of the vehicle to quickly dispel or confirm that suspicion. See United States v. Bailey, 743 F.3d 322, 336 (2d Cir. 2014) (‘In assessing whether a detention is too long or intrusive to be justified as an investigative stop, courts properly “examine whether the police diligently pursued a means of investigation that was likely to confirm or dispel their suspicions quickly.”’). Because the traffic stop in this case was not unreasonably prolonged under the Fourth Amendment, Defendant’s motion to suppress on that basis is DENIED.” United States v. Delille, 2016 U.S. Dist. LEXIS 5886 (D.Vt. Jan. 19, 2016).