{"id":25543,"date":"2017-01-30T07:14:46","date_gmt":"2017-01-30T12:14:46","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=25543"},"modified":"2017-01-30T07:14:46","modified_gmt":"2017-01-30T12:14:46","slug":"ca8-smell-of-mj-from-car-was-pc","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=25543","title":{"rendered":"CA8: Smell of MJ from car was PC"},"content":{"rendered":"<p>Defendant was stopped for no license plate and weaving. When the window came down, the smell of marijuana was apparent. The driver appeared under the influence. The passenger became agitated, and that confirmed to the officer he was too. A patdown produced $19,000 in cash from the person. A search of the car produced a pound of methamphetamine. All this was valid because the smell gave probable cause. <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/17\/01\/162783U.pdf\">United States v. Mayfield<\/a>, 2017 U.S. App. LEXIS 1488 (8th Cir. Jan. 27, 2017).*<\/p>\n<p>Officers reasonably believed that the consenter had apparent authority to consent to a search of the premises. United States v. Yeager, 2016 U.S. Dist. LEXIS 182995 (N.D. Iowa Nov. 21, 2016),* adopted, 2017 U.S. Dist. LEXIS 11315 (N.D. Iowa Jan. 27, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was stopped for no license plate and weaving. When the window came down, the smell of marijuana was apparent. The driver appeared under the influence. The passenger became agitated, and that confirmed to the officer he was too. A &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=25543\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[30,51],"tags":[],"class_list":["post-25543","post","type-post","status-publish","format-standard","hentry","category-apparent-authority-2","category-plain-view"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25543","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=25543"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25543\/revisions"}],"predecessor-version":[{"id":25544,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25543\/revisions\/25544"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=25543"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=25543"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=25543"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}