N.D.Ala.: Officer doesn’t have to tell a motorist he smells MJ in the car

The officer recognized defendant as having an arrest warrant on him. When the stop occurred, the officer smelled marijuana and that justified a search of the car. The fact the officer didn’t mention to defendant that he smelled marijuana isn’t determinative. “Det. Stewart’s failure to inform Cobb or anyone else that he smelled marijuana prior to performing the search does not undermine his credibility.” United States v. Cobb, 2019 U.S. Dist. LEXIS 152143 (N.D. Ala. Aug. 19, 2019).

Defendant had a minor traffic violation, and that justified the stop. The court credits the rest of the officer’s testimony that there was reasonable suspicion. United States v. Stewart, 2019 U.S. Dist. LEXIS 152279 (D. Minn. July 15, 2019).*

The stop was valid under one of two Kansas statutes. Defendant’s challenge to one basis doesn’t answer the other. United States v. Rios-Hernandez, 2019 U.S. Dist. LEXIS 152014 (D. Kan. Sept. 6, 2019).*

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