CA8: No standing to challenge a DEA administrative subpoena just used to identify his storage unit for a dog sniff

Defendant had no standing to complain that a DEA administrative subpoena was used to identify the storage unit that was his so the DEA could use a drug dog on his storage unit. Defendant’s plain error argument that a tracking device was improperly placed on his vehicle is not addressed for lack of a showing of good cause for not dealing with it sooner. Pro se status isn’t good cause. United States v. Dale, 2018 U.S. App. LEXIS 6740 (8th Cir. Mar. 19, 2018).*

The argument was that the officer wasn’t qualified, just for probable cause purposes, to identify the smell of marijuana. On cross, he referred to his pre-law enforcement days of smelling it from his friends and then his training. The trial court finding of probable cause survives the standard of review and there was no abuse of discretion. State v. Olmstead, 2018-Ohio-971, 2018 Ohio App. LEXIS 1028 (5th Dist. Mar. 15, 2018).*