NH: Officers who parked in def’s driveway could lawfully smell marijuana coming from his garage

Officers got out of their cars in defendant’s driveway and could smell marijuana coming from defendant’s garage. They didn’t unreasonably invade the curtilage. State v. Socci, 2015 N.H. LEXIS 259 (Dec. 4, 2015),* prior appeal State v. Socci, 166 N.H. 464, 98 A.3d 474 (2014) (§ 16.03 n.2).

The video is inconclusive on whether defendant crossed the fog line, so the appellate court has to follow the trial court’s findings of credibility. Affirmed. (The dissent says, however: “The video recording is not inconclusive. It clearly contradicts the officer’s hearing testimony.”) Phillips v. State, 2016 Ga. App. LEXIS 454 (July 15, 2016).*

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