{"id":64720,"date":"2026-08-27T11:54:46","date_gmt":"2026-08-27T16:54:46","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64720"},"modified":"2026-08-27T11:54:46","modified_gmt":"2026-08-27T16:54:46","slug":"ca10-defs-bo-suggesting-heroin-abuse-added-to-rs","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=64720","title":{"rendered":"CA10: Def&#8217;s BO suggesting heroin abuse added to RS"},"content":{"rendered":"\n<p>The officer here detected defendant\u2019s body odor as coming from heroin use, despite his lack of specific training. That was enough to order defendant out of the car and reasonable suspicion developed. <a href=\"https:\/\/www.ca10.uscourts.gov\/sites\/ca10\/files\/opinions\/010111495332.pdf\">United States v. Marshall<\/a>, 2026 U.S. App. LEXIS 26025 (10th Cir. Aug. 26, 2026).<\/p>\n\n\n\n<p>There was probable cause to arrest defendant for felon in possession. The witness was attempting to serve defendant with an order of protection, and defendant answered the door with a gun in hand. The witness told the police who ran defendant\u2019s name and found he had a felony prior. That was probable cause. United States v. Payne, 2026 U.S. Dist. LEXIS 189246 (W.D. Mich. Aug. 21, 2026).*<\/p>\n\n\n\n<p>There was reasonable suspicion for detaining a package coming to defendant\u2019s house. The government extensively investigated the package in the United States which was being internet tracked from Mexico. United States v. Torres, 2026 U.S. App. LEXIS 25492 (8th Cir. Aug. 24, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer here detected defendant\u2019s body odor as coming from heroin use, despite his lack of specific training. That was enough to order defendant out of the car and reasonable suspicion developed. United States v. Marshall, 2026 U.S. App. LEXIS &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=64720\">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":[99,51,20],"tags":[],"class_list":["post-64720","post","type-post","status-publish","format-standard","hentry","category-mail-and-packages","category-plain-view","category-probable-cause"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64720","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=64720"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64720\/revisions"}],"predecessor-version":[{"id":64721,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64720\/revisions\/64721"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64720"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64720"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64720"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}