{"id":33040,"date":"2018-05-12T09:56:51","date_gmt":"2018-05-12T14:56:51","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=33040"},"modified":"2018-05-12T09:56:51","modified_gmt":"2018-05-12T14:56:51","slug":"ny3-smell-and-smoke-from-working-meth-lab-in-garage-was-exigency","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=33040","title":{"rendered":"NY3: Smell and smoke from working meth lab in garage was exigency"},"content":{"rendered":"<p>The officer pulled into defendant\u2019s driveway and defendant came out and was really nervous. Smoke was coming out a window in the garage that smelled like a meth cook. There was exigency for entry without a warrant. <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2018\/2018_03393.htm\">People v. Alberts<\/a>, 2018 NY Slip Op 03393, 2018 N.Y. App. Div. LEXIS 3365 (3d Dept. May 10, 2018).<\/p>\n<p>The state trooper had 500 traffic stops where drugs were found, and his experience aided reasonable suspicion. \u201cHere, as in Pack, Cisneros was traveling along a drug trafficking corridor, the circumstances of her trip did not appear to justify her late-night travel, she gave Trooper Nunez inconsistent accounts of her fianc\u00e9\u2019s work, and she exhibited several indicators of nervousness. In addition, Trooper Nunez observed a piece of foam on the back seat of the Chrysler; based on his experience and training, this often indicates that contraband has been hidden inside a vehicle. These facts, which Trooper Nunez observed while effecting a lawful traffic stop of reasonable duration, created reasonable suspicion that additional criminal activity was afoot.\u201d United States v. Cisneros-Zepeda, 2018 U.S. Dist. LEXIS 78893 (N.D. Tex. May 10, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer pulled into defendant\u2019s driveway and defendant came out and was really nervous. Smoke was coming out a window in the garage that smelled like a meth cook. There was exigency for entry without a warrant. People v. Alberts, &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=33040\">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":[3,35],"tags":[],"class_list":["post-33040","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33040","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=33040"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33040\/revisions"}],"predecessor-version":[{"id":33041,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33040\/revisions\/33041"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=33040"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=33040"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=33040"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}