{"id":39605,"date":"2019-09-10T07:15:20","date_gmt":"2019-09-10T12:15:20","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39605"},"modified":"2019-09-10T07:15:20","modified_gmt":"2019-09-10T12:15:20","slug":"n-d-ala-officer-doesnt-have-to-tell-a-motorist-he-smells-mj-in-the-car","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=39605","title":{"rendered":"N.D.Ala.: Officer doesn&#8217;t have to tell a motorist he smells MJ in the car"},"content":{"rendered":"<p>The officer recognized defendant as having an arrest warrant on him. When the stop occurred, the officer smelled marijuana and that justified a search of the car. The fact the officer didn\u2019t mention to defendant that he smelled marijuana isn\u2019t determinative. \u201cDet. Stewart&#8217;s failure to inform Cobb or anyone else that he smelled marijuana prior to performing the search does not undermine his credibility.\u201d United States v. Cobb, 2019 U.S. Dist. LEXIS 152143 (N.D. Ala. Aug. 19, 2019).<\/p>\n<p>Defendant had a minor traffic violation, and that justified the stop. The court credits the rest of the officer\u2019s testimony that there was reasonable suspicion. United States v. Stewart, 2019 U.S. Dist. LEXIS 152279 (D. Minn. July 15, 2019).*<\/p>\n<p>The stop was valid under one of two Kansas statutes. Defendant\u2019s challenge to one basis doesn\u2019t answer the other. United States v. Rios-Hernandez, 2019 U.S. Dist. LEXIS 152014 (D. Kan. Sept. 6, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer recognized defendant as having an arrest warrant on him. When the stop occurred, the officer smelled marijuana and that justified a search of the car. The fact the officer didn\u2019t mention to defendant that he smelled marijuana isn\u2019t &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=39605\">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":[20,35],"tags":[],"class_list":["post-39605","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39605","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=39605"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39605\/revisions"}],"predecessor-version":[{"id":39606,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39605\/revisions\/39606"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39605"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39605"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39605"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}