E.D.Tenn.: Smell of raw marijuana on def’s clothes supported PC it was in car

The officer testified that he first smelled raw marijuana about a minute into the stop. When he got defendant into the patrol car, he could smell it on defendant’s person. That was probable cause for a search of the car under the automobile exception. United States v. Brown, 2021 U.S. Dist. LEXIS 250888 (E.D.Tenn. Dec. 21, 2021).

“Thompson generally recites the law concerning the propriety of a traffic stop, but he never develops an argument that the trial court erred by finding the stop here proper. He has therefore waived that argument.” Deciding that issue anyway, the stop was proper. State v. Thompson, 2022 Ariz. LEXIS 37 (Jan. 19, 2022).

Defendant had standing in a borrowed car. “Property concepts are instructive on whether privacy interests are reasonable, but privacy rights need not be based on a common-law interest in property. Byrd v. United States, 138 S.Ct. 1518, 1526 (2021). ‘The proponent of a motion to suppress has the burden of adducing facts at the suppression hearing indicating that his own rights were violated by the challenged search.’ United States v. Eckhart, 569 F.3d 1263, 1274 (10th Cir. 2009) (citations and quotation marks omitted).” United States v. Romero, 2022 U.S. Dist. LEXIS 9246 (D.N.M. Jan. 19, 2022).

This entry was posted in Common law, Plain view, feel, smell, Probable cause, Standing, Waiver. Bookmark the permalink.

Comments are closed.