Defendant didn’t dim headlights and officers stopped the car suspecting inattentive driving. The smell of marijuana coming from the car was obvious. “We decline the State’s offer to embark on a new legal proposition that would allow Kansas law enforcement officers to search a person simply because there was an odor of marijuana about that person.” There was inattentive driver in addition to just smell from the car and the person. State v. Hadley, 2017 Kan. App. LEXIS 91 (Dec. 22, 2017).
Defendant doesn’t show in his 2255 how filing a motion to suppress would have aided his defense because there was no conceivable ground on which it would have succeeded. United States v. Zamudio-Beltran, 2016 U.S. Dist. LEXIS 192265 (D. N.M. May 12, 2016).*