The officer did not have to specify in the affidavit for search warrant that he had specialized training in detecting the smell of marijuana for there to be probable cause. The government showed by a preponderance of the evidence the allegedly unreasonable protective sweep was not the motivating factor in the police getting the search warrant, and excising the product of the protective sweep still left probable cause. United States v. Rounsaville, 2020 U.S. App. LEXIS 11791 (6th Cir. Apr. 14, 2020).
A potential domestic violence call that had two children inside, ages 7 and 1, justified police entry under the community caretaking function. United States v. Sanders, 2020 U.S. App. LEXIS 11714 (8th Cir. Apr. 14, 2020).
Defendant was informed of his right to refuse consent, and that supports the district court’s finding of voluntariness. United States v. Johnson, 2020 U.S. App. LEXIS 11703 (8th Cir. Apr. 13, 2020).