CO: In a MJ recreational use state, a dog alert on a car doesn’t discriminate between legal and illegal drugs and violates privacy

Possession of small quantities of marijuana is legal in Colorado. Where the drug dog doesn’t discriminate between marijuana and other drugs, a dog alert can be an unreasonable search for a legal substance. Therefore, the district court did not err in granting the motion to suppress. The good faith exception does not apply in this situation. People v. Restrepo, 2021COA139, 2021 Colo. App. LEXIS 1576 (Nov. 18, 2021).

Seizure of defendant’s underwear and socks during his hospital stay was unreasonable. The state argued plain view below, but it didn’t apply. But, the Fourth Amendment error was harmless on the totality. State v. Larosa, 2021-Ohio-4060, 2021 Ohio LEXIS 2313 (Nov. 18, 2021)

The time for a malicious prosecution Fourth Amendment claim in the Eighth Circuit runs from the initiation of proceedings (here, 2011), not when the charges were nolle prossed (2016). The case was filed two years after the nolle pros and was time barred. Martin v. Julian, 2021 U.S. App. LEXIS 34232 (8th Cir. Nov. 18, 2021).*

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