CA6: State officer’s arrest for violation of federal MJ law likely wouldn’t violate 4A

Dicta: While Ohio law is silent on whether a state officer could make an arrest for violation of federal marijuana law, it likely wouldn’t violate the Fourth Amendment. United States v. Whitlow 134 F.4th 914 (6th Cir. 2025); United States v. Garrett, 2026 U.S. App. LEXIS 31568 (6th Cir. Oct. 16, 2026).

There was probable cause for a warrant for video and audio from two doorbell cameras catching the crime. Alternatively, the good faith exception applies. The government raises standing, which isn’t decided. United States v. Rodrigues, 2026 U.S. Dist. LEXIS 236878 (D. Mass. Oct. 16, 2026).*

The bodycam video supports the officer’s conclusion the windows were overtinted. United States v. Harris, 2026 U.S. Dist. LEXIS 237230 (E.D. Tenn. Sep. 30, 2026).*

This entry was posted in Conflict of laws, Probable cause, Reasonable suspicion, Reasonableness. Bookmark the permalink.

Comments are closed.