This search is governed by the Fourth Amendment, not the Indian Civil Rights Act. United States v. Porche, 2022 U.S. Dist. LEXIS 130552 (D. Mont. July 21, 2022).
The record supports the district court’s conclusion defendant wasn’t impaired when he consented to the search. United States v. Holden, 2022 U.S. App. LEXIS 20282 (4th Cir. July 22, 2022).*
The government called this a Terry stop, but it was actually supported by probable cause. United States v. Westbrook, 2022 U.S. Dist. LEXIS 130541 (S.D. Fla. July 15, 2022).*
Defendant stop was objectively with reasonable suspicion, and the officer smelled marijuana. United States v. Thomas, 2022 U.S. Dist. LEXIS 130738 (D. Minn. June 6, 2022).*