D.Ariz.: Immigration checkpoint stop can be enlarged because of smell of marijuana

During an immigration checkpoint on a state highway in Arizona, the smell of marijuana coming from the car allowed the stop to go longer under Rodriguez. “Ruiz-Hernandez has not pointed to any authority, in any context, where law enforcement is precluded from taking action on a collateral law enforcement goal when they learn of it during the original encounter. For example, a traffic officer is not required to ignore a strong odor of marijuana he notices as he is conducting the traffic violation stop.” United States v. Ruiz-Hernandez, 2017 U.S. Dist. LEXIS 38759 (D.Ariz. March 16, 2017).

“Here, the allegations in Hall’s complaint, as amended, contradict the facts supporting his conviction for evading arrest and, therefore, if credited, would necessarily imply that his conviction is invalid.” The case is thus barred by Heck. Hall v. Abilene’s Task Force, 2017 U.S. App. LEXIS 4611 (5th Cir. March 16, 2017).*

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