E.D.Va.: MJ in def’s car doesn’t, ipso facto, translate into PC he has drugs at his house nearby; GFE can’t apply

Defendant was stopped for failing to stop at a stop sign. When officers approached the car, “Officer Torrez saw a partially open bag, in plain view on the floor board, containing marijuana. This also provided the officers with probable cause to believe marijuana was in the vehicle.” This was not probable cause for a search warrant for his house. “In sum, the affidavit states that law enforcement arrested the Defendant in a vehicle near his residence with a quantity of marijuana that was likely for distribution. There was no evidence in the affidavit that the Defendant was a drug dealer, had dealt drugs from his home, or was even coming from his residence. No confidential informant told the police that the Defendant was engaged in drug distribution or that the residence was connected to drug distribution. In these circumstances, there was insufficient probable cause to support the warrant.” The good faith exception does not apply because the affidavit truly was totally lacking in probable cause. United States v. Woodley, 2020 U.S. Dist. LEXIS 48071 (E.D. Va. Mar. 19, 2020).

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