“The affidavit also attempts to establish the link between the use of cell phones and the drug trafficking under investigation. Metzger’s warning to McFaul on social media, which presumably was accomplished through the use of an electronic device like a cell phone or tablet, shows not only his connection to the DTO but his own use of an electronic device to further the mission of the DTO. Additionally, other reasonable inferences can be drawn from the facts contained in the affidavit. As previously noted, the affidavit detailed multiple drug runs where McFaul met different individuals at various locations and times to receive or distribute controlled substances. (See, e.g., ¶ 32.) This activity gives rise to a common sense inference that McFaul and others coordinated their actions and used their cell phones to do so.” United States v. Metzger, 2022 U.S. Dist. LEXIS 151460 (N.D. Ohio Aug. 23, 2022).
The smell of marijuana in a rental car that just crossed the state line into Arkansas was probable cause for a search despite state medical marijuana and federal legalization of hemp. United States v. Nava, 2022 U.S. Dist. LEXIS 150632 (W.D. Ark. Aug. 1, 2022), adopted, 2022 U.S. Dist. LEXIS 150288 (W.D. Ark. Aug. 22, 2022).*
There was probable cause for defendant’s arrest for threatening a person with a gun, and search incident of his backpack on him at the time was reasonable. United States v. Rodgers, 2022 U.S. Dist. LEXIS 151547 (E.D. Mich. Aug. 24, 2022).*