TN: Smell of drugs during execution of SW permits detaining occupants

Based on the smell of drugs when executing a search warrant, the officers had the authority to detain the occupants. Linsey v. State, 2022 Tenn. Crim. App. LEXIS 79 (Feb. 25, 2022).

Defendant’s stop was reasonable. Shots had been reported fired from the vehicle which had been previously chased by the police. Defendant was known to the police and matched the description of the passenger. United States v. Senna, 2022 U.S. Dist. LEXIS 33421 (D.Vt. Feb. 25, 2022).*

“ In the instant case, the evidence adduced at the suppression hearing revealed that while being detained for a traffic violation, the defendant reached into the center console of his vehicle, retrieved a marijuana cigar, and handed the cigar to the officer, which gave the officer probable cause to search the vehicle for additional contraband.” This was probable cause to search the whole car under the automobile exception. State v. Walker, 2022 La. App. LEXIS 303 (La. App. 1 Cir. Feb. 25, 2022).*

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