POs came to defendant’s place for a home visit. When the door was opened, the officer could smell marijuana. He asked for defendant and the man answering the door said defendant didn’t live there. He asked for defendant’s girlfriend who came to the door; she was asked he she said he lived there but was out. There was reasonable suspicion for a home search. [Since justification for a car search is based on the smell of marijuana, certainly a house during a probation or parole search.] United States v. Collins, 2017 U.S. App. LEXIS 5279 (11th Cir. March 27, 2017).
2255 petitioner’s search and seizure issues were decided on direct appeal to the Third Circuit can can’t be relitigated. Pavulak v. United States, 2017 U.S. Dist. LEXIS 48478 (D. Del. March 31, 2017).*