M.D.Pa.: Traffic stop may be highly technical, but it still has a factual and legal basis

“Although many reasonable people may agree that the stop at issue here was a highly technical, ‘ticky-tacky’ sort of traffic stop, there is no doubt that Florida law requires a driver to stop at a clearly marked stop line before entering a crosswalk or intersection.” United States v. Brown, 2020 U.S. Dist. LEXIS 231148 (M.D. Pa. Dec. 9, 2020).

The search warrant here was, in fact, based on an independent source and not a preliminary entry. The warrant would have issued anyway. The R&R is adopted. United States v. Whipple, 2020 U.S. Dist. LEXIS 230871 (E.D. Tenn. Dec. 9, 2020).*

“In the Eighth Circuit, the smell of marijuana constitutes probable cause for an officer to search a vehicle for drugs.” Defense counsel not challenging uncontested facts wasn’t IAC. United States v. Phillips, 2020 U.S. Dist. LEXIS 230866 (D. Neb. Dec. 9, 2020).*

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