W.D.Tenn.: Because ‘guns and drugs go together,’ faint smell of MJ plus furtive movement justified frisk

Defendant was stopped for a cracked windshield, which it clearly was. “Ordering Henderson to step out of the car was only a de minimis intrusion of his personal liberty, and it did not violate his Fourth Amendment rights.” “Officer Putman detected a ‘faint odor of marijuana’ emanating from Miller’s vehicle; he testified that, in his experience, ‘guns and drugs go together.’ Officer Bartlett testified that Henderson seemed ‘very nervous’ while waiting in the passenger seat and that he was fidgeting toward the center console and his waistband.” The officers communicated by hand signals and body language. United States v. Henderson, 2016 U.S. Dist. LEXIS 184389 (W.D. Tenn. Dec. 7, 2016), adopted, 2017 U.S. Dist. LEXIS 23802 (W.D. Tenn. Feb. 21, 2017).

“Counsel was not constitutionally ineffective here for his decision not to challenge the arrest as lacking in probable cause” because there was probable cause. United States v. Torres-Rodriguez, 2017 U.S. Dist. LEXIS 29897 (N.D. Fla. Jan. 13, 2017),* adopted, 2017 U.S. Dist. LEXIS 29891 (N.D. Fla. March 2, 2017).*

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