NY3: Smell and smoke from working meth lab in garage was exigency

The officer pulled into defendant’s driveway and defendant came out and was really nervous. Smoke was coming out a window in the garage that smelled like a meth cook. There was exigency for entry without a warrant. People v. Alberts, 2018 NY Slip Op 03393, 2018 N.Y. App. Div. LEXIS 3365 (3d Dept. May 10, 2018).

The state trooper had 500 traffic stops where drugs were found, and his experience aided reasonable suspicion. “Here, as in Pack, Cisneros was traveling along a drug trafficking corridor, the circumstances of her trip did not appear to justify her late-night travel, she gave Trooper Nunez inconsistent accounts of her fiancé’s work, and she exhibited several indicators of nervousness. In addition, Trooper Nunez observed a piece of foam on the back seat of the Chrysler; based on his experience and training, this often indicates that contraband has been hidden inside a vehicle. These facts, which Trooper Nunez observed while effecting a lawful traffic stop of reasonable duration, created reasonable suspicion that additional criminal activity was afoot.” United States v. Cisneros-Zepeda, 2018 U.S. Dist. LEXIS 78893 (N.D. Tex. May 10, 2018).*

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