NY4: Smell of PCP alone is PC

“New York is no outlier on this issue. Indeed, as far as we can discern, every single court in the United States to ever consider this precise issue has come to the same conclusion as Darby and Sanchez: a trained officer’s olfactory detection of PCP, standing alone, constitutes probable cause.” People v. Fudge, 2021 NY Slip Op 04801, 2021 N.Y. App. Div. LEXIS 4967 (4th Dept. Aug. 26, 2021).

No reasonable suspicion for defendant’s stop: “In any event, the Court finds that the two encounters reveal something different. The video shows only three customers in the store when the officers entered: Defendant and his sister and the man in the black jacket. Officer Turner stopped both men to investigate whether they were carrying weapons. Rather than truly having reasonable suspicion to believe that either individual was armed, the officers appear to have been targeting individuals who happened to be going about their business in a heavy crime area, without any basis for believing the individuals were illegally carrying weapons, with the hope of eventually catching someone who was.” United States v. Mills, 2021 U.S. Dist. LEXIS 161819 (E.D.Mich. Aug. 26, 2021).*

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