D.Md.: Despite recreational MJ use in state, smell of MJ before that was PC

At the time of the encounter with the Maryland police, the smell of marijuana on the person was probable cause. That changed later, but the search of the person was valid when it happened. Moreover, possession of marijuana is still an offense under federal law. United States v. Parker, 2021 U.S. Dist. LEXIS 11257 (D. Md. Jan. 21, 2021).

Being on a state highway near the border with night vision goggles and a police scanner two nights in a row was reasonable suspicion on the totality for the Border Patrol. United States v. Granillo, 2021 U.S. Dist. LEXIS 11177 (D.N.M. Jan. 21, 2021).*

Mere descriptive mistakes of the property to be searched and alleged conclusoriness of statements in support of a CI aren’t “material” for Franks. The search warrant was particular because it sought drugs and evidence of drug trafficking. United States v. Moody, 2021 U.S. Dist. LEXIS 11099 (W.D. N.Y. Jan. 19, 2021).

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