Post details: D.Kan.: Smell of marijuana without finding any did not make officer unbelievable

10/24/09

Permalink 08:37:40 am, by fourth, 373 words, 1005 views   English (US)
Categories: General

D.Kan.: Smell of marijuana without finding any did not make officer unbelievable

The fact the officer said he smelled marijuana but did not find it does not make him incredible. His smell could still provide PC, based on his training. United States v. Hairston, 2009 U.S. Dist. LEXIS 98043 (D. Kan. October 15, 2009):

Defendant also contends that the officer's statement that he smelled raw marijuana is not credible given that no raw marijuana was ultimately found in the vehicle. But the Court finds Trooper Walker's testimony credible on this point. "An officer's detection of the smell of drugs in a vehicle is entitled to substantial weight in the probable cause analysis." Trooper Walker testified that he had been through two training classes and the Kansas Highway Patrol training academy, where he learned to detect the smell of raw marijuana. He also estimated that he smelled raw marijuana four to five times per month during traffic stops, in the course of his duties as a trooper. The fact that Trooper Walker did not ultimately find marijuana, and instead found cocaine, does not dissipate his credibility for purposes of the probable cause analysis.

Being in a high crime area and then flight on seeing officers was reasonable suspicion. United States v. Kelley, 2009 U.S. Dist. LEXIS 97753 (D. Del. October 16, 2009)*:

Considering this authority against the totality of the circumstances of record, the court finds that Smith's stop of defendant was supported by reasonable suspicion. The court credits Smith's testimony and concludes it was reasonable to infer that defendant was engaged in criminal activity based on his presence in a high-crime area and subsequent flight, as well as his nervous behavior after initially spotting the Officers. Defendant's nervous behavior continued as the Officers drew closer, e.g., reflected by defendant's repeated glances to the Officers, knocking on the row house door, failing to verbally respond to questions and looking to his right and left as if trying to flee from Smith. Considering these factors in tandem, the court finds the stop of defendant was supported by reasonable suspicion to suspect defendant was engaged in criminal activity.

Search of defendant's car after a dog alert when defendant had been arrested on an arrest warrant was with probable cause and was not just a search incident. State v. Hobbs, 2009 Ind. App. LEXIS 2201 (October 21, 2009).*

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