“The very Fourth Amendment issues now raised by Berger in this § 2255 proceeding were raised and decided adversely to him on direct appeal. … He may not do so again now.” United States v. Berger, 2017 U.S. Dist. LEXIS 120709 (W.D. Ark. June 12, 2017). Accord: Harvey v. United States, 2015 U.S. Dist. LEXIS 189561 (S.D. Fla. June 17, 2015) (heavily litigated in district court).
The stop was based on reasonable suspicion of a traffic violation, and then the officer encountered the overwhelming smell of marijuana. That was probable cause. United States v. Zamora, 2017 U.S. Dist. LEXIS 117896 (D. Nev. June 16, 2017),* adopted, 2017 U.S. Dist. LEXIS 116846 (D. Nev. July 26, 2017).*