Daily Archives: January 20, 2022

E.D.Tenn.: Smell of raw marijuana on def’s clothes supported PC it was in car

The officer testified that he first smelled raw marijuana about a minute into the stop. When he got defendant into the patrol car, he could smell it on defendant’s person. That was probable cause for a search of the car … Continue reading

Posted in Common law, Plain view, feel, smell, Probable cause, Standing, Waiver | Comments Off on E.D.Tenn.: Smell of raw marijuana on def’s clothes supported PC it was in car

CA9: Public electric utility cutting off one’s power is not a 4A seizure

The public electric utility cutting off one’s power is not a Fourth Amendment seizure. Lull v. County of Sacramento, 2022 U.S. App. LEXIS 1408 (9th Cir. Jan. 19, 2022). There was probable cause on the totality, including a showing of … Continue reading

Posted in Nexus, Prison and jail searches, Seizure | Comments Off on CA9: Public electric utility cutting off one’s power is not a 4A seizure

CA1: Def preserved Rodriguez argument without citing it

Defendant preserved his Rodriguez argument by stating that the stop was continued without reasonable suspicion but not citing the case. Nevertheless, he loses on the merits. United States v. Reyes, 2022 U.S. App. LEXIS 1417 (1st Cir. Jan. 19, 2022). … Continue reading

Posted in Burden of pleading, Exclusionary rule, Ineffective assistance, Reasonable suspicion | Comments Off on CA1: Def preserved Rodriguez argument without citing it