An officer smelling marijuana in a car isn’t obliged to tell the motorist he could for it to be true. United States v. Perkins, 2023 U.S. Dist. LEXIS 10564 (M.D. Ga. Jan. 19, 2023).
At worst, the officer’s false statement was negligent if even that. Defendant also can’t show materiality as to the probable cause. United States v. Smith, 2023 U.S. Dist. LEXIS 10463 (E.D. Mich. Jan. 20, 2023).*
In a child neglect case, the parent’s acquiescence in drug test evidence coming in without objection was waiver. People v. Aylissa F. (In re K.F.), 2023 IL App (1st) 220816, 2023 Ill. App. LEXIS 9 (Jan. 23, 2023).*