The government’s independent source argument was (1) tucked into another argument and then not fully developed, and (2) then essentially abandoned for years during the litigation. It was not fully developed. United States v. Osborne, 2022 U.S. App. LEXIS 2682 (9th Cir. Jan. 28, 2022).
The penalties for possession of marijuana were substantially reduced, and it wasn’t decriminalized, so the smell of marijuana supports a search of a car. People v. Lake, 2022 V.I. LEXIS 1 (V.I. Super. Jan. 27, 2022).