D.S.D.: Court credits that officer could smell burnt marijuana coming from def’s car while driving

The court credits the officer that while driving behind defendant’s vehicle, the officer could smell burnt marijuana coming from it, and that was at least reasonable suspicion. United States v. Theus, 2017 U.S. Dist. LEXIS 26719 (D. S.D. Feb. 27, 2017).

The continuation of the stop here was with reasonable suspicion because of extreme nervousness, air fresheners (including one on a dufflebag), and incongruous travel plans. And, the Eighth Circuit’s de minimus length of detention rule prior to Rodriguez applied because this stop was a year before Rodriguez. United States v. Robinson, 2016 U.S. Dist. LEXIS 184680 (D. Neb. Dec. 30, 2016), adopted, 2017 U.S. Dist. LEXIS 28847 (D. Neb. March 1, 2017).*

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