D.N.J.: Residual smell of MJ can still provide PC

“The Officers testified the smell of marijuana can remain in the area, or linger on clothing or other items, after marijuana is removed from the area, before or after it has been smoked. … It can also be difficult to detect whether a smell is of raw or burnt marijuana if both smells are in the same location, but regardless, the smell of marijuana is still present. … Even Defendant’s expert conceded it was possible the Officers could have smelled burnt marijuana in their proximity to the vehicle. … Therefore, regardless of whether the Officers specifically observed raw or burnt marijuana, it was certainly reasonable the smell was emanating from the vehicle at the time the Officers noted same, giving them probable cause for the search.” United States v. Harris, 2023 U.S. Dist. LEXIS 147948 (D.N.J. Aug. 23, 2023).*

“But the affidavit referenced multiple witness statements, the gun recovered from his associate’s home, and video evidence. Even if this did not ‘push this warrant past the probable cause goal line,’ … there was enough information in the affidavit such that the officers’ reliance was not ‘entirely unreasonable,’ Proell, 485 F.3d at 431.” And the good faith exception applies. United States v. Dankemeyer, 2023 U.S. App. LEXIS 22152 (8th Cir. Aug. 23, 2023).*

Defendant was a passenger released at the scene. Another officer arrived and essentially ordered him to stay. There was no justification for that seizure. Budimir v. State, 2023 Ind. App. LEXIS 243 (Aug. 23, 2023).*