S.D.Ill.: Odor of marijuana coming from a car is PC in this federal circuit even if it’s maybe not in state court anymore because of recreational use

The odor of marijuana coming from a car is probable cause in this circuit even if it’s maybe not be in state court anymore. United States v. Toney, 2024 U.S. Dist. LEXIS 20838 (S.D. Ill. Feb. 6, 2024).

Qualified immunity was properly denied this LAPD officer who, with a dozen other officers at the scene, advanced on a mentally disturbed man and shot him without warning. Penny v. Azmy, 2024 U.S. App. LEXIS 2934 (9th Cir. Feb. 8, 2024).*

“The Court agrees with the Magistrate Judge that the officers had reasonable suspicion to conduct a Terry stop based on the following evidence: ‘(1) two 911 callers described a man fitting the same description as having a gun and acting aggressively; (2) Mr. Thomas was in a high-crime area; (3) police verified the 911 callers’ information using the Milestone Cameras; (4) officers independently saw what could have been a firearm in Mr. Thomas’s pocket and waistband; and (5) Mr. Thomas walked away from the officers when they asked him to stop.’” United States v. Thomas, 2024 U.S. Dist. LEXIS 21178 (D. Minn. Feb. 7, 2024).*

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