{"id":5487,"date":"2011-07-10T09:19:03","date_gmt":"2011-04-26T06:14:49","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-04-26T06:14:49","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5487","title":{"rendered":"D.Alaska: Defendant proved Franks<\/em> challenge that officer could not have smelled grow operation in winter"},"content":{"rendered":"

In a fascinating opinion from Alaska, the U.S. District Court concludes that the defendant satisfied his burden of proof in a Franks<\/a> challenge that an Alaska State Trooper could not have smelled a marijuana grow operation from at least 450′ away from the house in the Mat-Su valley at night in winter as alleged in the affidavit for a search warrant for defendant\u2019s house. Without that information, the motion to suppress is granted, and Leon does not apply to Franks<\/a> challenges. The USMJ’s R&R is rejected. [The defense called a human smell expert, and, reading between the lines, the government\u2019s cross-examination of the smell expert likely inadvertently demolished the credibility of the Alaska State Trooper.] United States v. Thoms<\/a>, 3:10-cr-00069 JWS (D. Alaska April 22, 2011) (order from Anchorage Daily News website, all thanks to a reader from Alaska):<\/p>\n

Thoms also offered the testimony of Dr. David Doty (\u201cDoty\u201d). Doty is the director of the Smell and Taste Center at the University of Pennsylvania School of Medicine. He has published over 170 peer-reviewed articles in various fields. He edited, contributed to, and is \u201cbest known\u201d for The Handbook of Olfaction and Gustation, a highly regarded work in the \u201cchemical sense field.\u201d Doty helped develop the University of Pennsylvania Smell Identification Test, which is \u201csort of the gold standard for smell testing.\u201d He was qualified as an expert on smell and taste detection and smell detection capabilities. Doty ultimately opined that there was a \u201czero\u201d probability that Young smelled marijuana as he claimed.\n<\/p><\/blockquote>\n

There is no reasonable expectation of privacy in DMV records. Alexander v. State<\/a>, 947 N.E.2d 966 (Ind. App. 2011).<\/p>\n

Defendant\u2019s de facto arrest and handcuffing because he was the roommate of a suspected drug dealer was unreasonable, and the product of the search was properly suppressed. State v. Abdulrahman<\/a>, 2011 Ohio 1931, 2011 Ohio App. LEXIS 1663 (8th Dist. April 21, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5487","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5487","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5487"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5487\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5487"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5487"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5487"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}