NE: Officer’s own sniff of unmarked bag on train was reasonable

Officer’s sniff of an unmarked bag on a train was not unreasonable. He was trained on the smell, and it interfered with no known person’s rights at the time. State v. Vaughn, 314 Neb. 167 (May 5, 2023).

The officer said he smelled marijuana when defendant rolled down his window, and the officer could see shake on the front seats. That is credited. The fact the bodycam wasn’t on tell us nothing about smell. United States v. Dumas, 2023 U.S. App. LEXIS 11231 (11th Cir. May 8, 2023).*

Defendant at first disclaimed ownership of a bookbag, but he reasserted control before the search occurred. He had standing. On the merits, the warning ticket took 15 minutes, and the drug dog was called for in the interim and it arrived and did its business. There was arguably reasonable suspicion, but it was reasonable in any event. State v. Harris, 2023-Ohio-1544, 2023 Ohio App. LEXIS 1536 (5th Dist. May 8, 2023).*