CA10: De novo review overcomes a “skewed” finding of district court

Applying the Ornelas de novo review standard, the court reassesses the evidence and finds reasonable suspicion for the detention. The district court’s view of the evidence of reasonable suspicion was heavily skewed toward the government’s proof. Still, there is reasonable suspicion. United States v. Torres, 2021 U.S. App. LEXIS 3393 (10th Cir. Feb. 8, 2021).

Defendant reframed his probable cause argument from the trial court to the appeal and thus waived it. The court alternatively finds no fundamental error because the officer smelled marijuana on the stop. Alexander-Woods v. State, 2021 Ind. App. LEXIS 33 (Feb. 3, 2021).*

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