CA10: Smell of MJ authorizes search for MJ, not looking at multiple credit cards

An anonymous caller said defendant was smoking marijuana on his car. This was reasonable suspicion at best. Assuming the smell of marijuana provides probable cause to search, the search was for marijuana, and inspecting credit cards unreasonably expanded the search. The government argues that the number of cards alone was suspicious, but the court doesn’t agree because there was nothing else for suspicion. United States v. Saulsberry, 2017 U.S. App. LEXIS 26865 (10th Cir. Dec. 28, 2017).

Defendant did not file a motion to suppress or argue lack of probable cause until his closing argument, and that was waiver. State v. Wilson, 2017 Haw. App. LEXIS 500 (Dec. 26, 2017).

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