Cal.3: Smell of burnt MJ from car not PC in California

The smell of burnt marijuana coming from a car in California isn’t probable cause. Blakes v. Superior Court, 2021 Cal. App. LEXIS 1057 (3d Dist. Nov. 24, 2021) (published Dec. 16, 2021).

Officers had probable cause for the automobile exception here based on a controlled buy where the car was used and then the smell of marijuana coming from it. United States v. Hall, 2021 U.S. App. LEXIS 37136 (6th Cir. Dec. 16, 2021).*

If the defendant officer’s use of force was objectively unreasonable, it isn’t entitled to qualified immunity. And, Heck doesn’t usually bar excessive force claims. Jefferson v. Lias, 2021 U.S. App. LEXIS 37115 (3d Cir. Dec. 16, 2021).

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