{"id":60177,"date":"2025-02-15T18:23:13","date_gmt":"2025-02-15T23:23:13","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60177"},"modified":"2025-02-15T18:23:13","modified_gmt":"2025-02-15T23:23:13","slug":"tn-that-officer-cant-tell-difference-between-hemp-and-marijuana-doesnt-mean-there-wasnt-pc-from-plain-smell","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=60177","title":{"rendered":"TN: That officer can&#8217;t tell difference between hemp and marijuana doesn&#8217;t mean there wasn&#8217;t PC from plain smell"},"content":{"rendered":"\n<p>The fact the officer can\u2019t tell the difference between hemp and marijuana doesn\u2019t mean there wasn\u2019t probable cause by plain smell. The stop was justified by the community caretaking function because he was asleep at an intersection. <a href=\"https:\/\/www.tncourts.gov\/sites\/default\/files\/OpinionsPDFVersion\/JonesTerrionAvantaeOPN.pdf\">State v. Jones<\/a>, 2025 Tenn. Crim. App. LEXIS 86 (Feb. 14, 2025).<\/p>\n\n\n\n<p>The search warrant for this property was based on information that was believed to be true, but turned out not to be, as in plaintiff was out of the place four days before the search. Qualified immunity not even discussed. \u201cAccepting as true Thomas, Sr.&#8217;s, meager factual allegations, he fails to state a claim for false arrest, false imprisonment, or malicious prosecution. Because the Court already permitted Thomas, Sr., an opportunity to amend his false arrest and false imprisonment claims, and he neglects to cure their deficiencies, the false arrest and false imprisonment claims are dismissed with prejudice.\u201d Thomas v. Hyler, 2025 U.S. Dist. LEXIS 26710 (M.D. Fla. Feb. 13, 2025).*<\/p>\n\n\n\n<p>\u201cIn the circumstances presented, Defendants&#8217; conduct\u2014briefly pointing guns at Houck while he was arrested pursuant to a federal warrant\u2014was objectively reasonable and so did not violate the Fourth Amendment. Because Houck&#8217;s Section 1983 claim is thus implausible, I will dismiss it.\u201d In addition, qualified immunity applies. Houck v. United States, 2025 U.S. Dist. LEXIS 26742 (E.D. Pa. Feb. 14, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The fact the officer can\u2019t tell the difference between hemp and marijuana doesn\u2019t mean there wasn\u2019t probable cause by plain smell. The stop was justified by the community caretaking function because he was asleep at an intersection. State v. Jones, &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=60177\">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":[50,52,51,20],"tags":[],"class_list":["post-60177","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-excessive-force","category-plain-view","category-probable-cause"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60177","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=60177"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60177\/revisions"}],"predecessor-version":[{"id":60178,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60177\/revisions\/60178"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60177"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60177"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60177"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}