Officers approaching defendant\u2019s house from the street up the driveway that led to a smell of fresh marijuana did not violate curtilage. \u201cEven assuming the area of the driveway where the Agents detected the smell of cannabis was within the curtilage of the Banana Residence, the Agents still did not violate the Defendants\u2019 Fourth Amendment rights. It is well established that \u2018the Fourth Amendment is not \u201cimplicated by entry upon private land to knock on a citizen\u2019s door for legitimate police purposes unconnected with the search of the premises.\u201d\u2019\u201d United States v. Neth, 2010 U.S. Dist. LEXIS 83985 (M.D. Fla. March 30, 2010).*<\/p>\n
A U.S. Forest Service Law Enforcement Officer was patrolling the El Dorado National Forest and nearly had an accident with the defendant. When they stopped on the snow covered road, she noticed that he looked like he was stoned. After getting his ID (no license) she came back and asked about marijuana, which he admitted he had. The stop and question was valid. United States v. Mitchell, 2010 U.S. Dist. LEXIS 84662 (E.D. Cal. July 16, 2010).*<\/p>\n
Defendant filed a 2255 against defense counsel for, inter alia, not filing a motion to suppress. He did not show that he would not have pled guilty but for counsel\u2019s not filing a motion to suppress which would have been denied anyway. Payton v. United States, 2010 U.S. Dist. LEXIS 83920 (E.D. Tex. June 30, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"
b2evALnk.b2WPAutP Continue reading