{"id":64604,"date":"2026-08-06T12:56:46","date_gmt":"2026-08-06T17:56:46","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64604"},"modified":"2026-08-06T12:56:46","modified_gmt":"2026-08-06T17:56:46","slug":"ca7-smoking-marijuana-in-public-is-still-an-arrestable-offense-defs-backpack-could-be-searched-incident-to-it","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=64604","title":{"rendered":"CA7: Smoking marijuana in public is still an arrestable offense; def&#8217;s backpack could be searched incident to it"},"content":{"rendered":"\n<p>Smoking marijuana in public is still an arrestable offense, and defendant\u2019s backpack could be searched incident to it. United States v. Worku, 2026 U.S. App. LEXIS 23239 (7th Cir. Aug. 4, 2026).*<\/p>\n\n\n\n<p>Because the stop and frisk was reasonable, the probable cause question is moot. Commonwealth v. Correa, 2026 PA Super 176 (Aug. 5, 2026).*<\/p>\n\n\n\n<p>\u201cWhile a close call, the Court agrees with the government. On the totality of the circumstances, the facts attested to support a suspicion that the truck was unregistered. With around three years of patrol experience each at the time of the stop, Officers Irwin and Johnson had conducted countless vehicle stops. They explained from experience that \u2018NO RECORD\u2019 messages are associated with vehicles that are unregistered or, worse, stolen or car jacked. Officer Irwin in fact described that these so-called \u2018NO RECORD\u2019 vehicles turn out unregistered \u2018[m]ost of the time.\u2019 Although neither the truck nor its license plate exhibited damage or suspicious signatures, the officers testified that \u2018NO RECORD\u2019 messages often result in the vehicle being unregistered absent those imperfections. It is immaterial that the officers&#8217; suspicion was proven false because they \u2018produc[ed] facts establishing that [they] reasonably believed that a violation had taken place.\u2019\u201d United States v. Brown, 2026 U.S. Dist. LEXIS 173908 (E.D. Pa. Aug. 5, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Smoking marijuana in public is still an arrestable offense, and defendant\u2019s backpack could be searched incident to it. United States v. Worku, 2026 U.S. App. LEXIS 23239 (7th Cir. Aug. 4, 2026).* Because the stop and frisk was reasonable, the &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=64604\">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":[35,26,4],"tags":[],"class_list":["post-64604","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-search-incident","category-stop-and-frisk"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64604","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=64604"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64604\/revisions"}],"predecessor-version":[{"id":64605,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64604\/revisions\/64605"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64604"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64604"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64604"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}