W.D.La.: Court credits testimony officer could smell MJ as def’s vehicle drove by

“Corporal Moak testified that he smelled the odor of marijuana coming from the vehicle when he passed it on a narrow street. After the traffic stop was initiated and Moak approached the vehicle, he detected the ‘overwhelming’ odor of marijuana coming from the vehicle. The officers had probable cause to search the vehicle for contraband despite Defendant withdrawing his consent to search the vehicle.” United States v. Bernard, 2021 U.S. Dist. LEXIS 144433 (W.D.La. June 4, 2021).*

“Here, because the driver of the vehicle was being lawfully detained, the officer was entitled to ask Appellant, the passenger, to exit the vehicle. Once Appellant’s car door was opened, the odor of marijuana became readily apparent to the officer. At that juncture, the officer had probable cause to search the vehicle and subsequently arrest Appellant for trafficking in marijuana.” State v. Hopkins, 2021-Ohio-2662, 2021 Ohio App. LEXIS 2618 (5th Dist. Aug. 3, 2021).*

There was reasonable suspicion for defendant’s stop where he consented. United States v. Terrazas, 2021 U.S. Dist. LEXIS 144948 (N.D.Ill. Aug. 3, 2021).*

The court finds the officers credible, and the stop and its continuation was with reasonable suspicion. United States v. Abbeduto, 2021 U.S. Dist. LEXIS 144920 (W.D.Ky. Aug. 3, 2021).*