{"id":1554,"date":"2008-04-13T19:45:42","date_gmt":"2007-11-27T08:00:52","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-11-27T08:21:45","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1554","title":{"rendered":"Smell of marijuana justified search, despite what officer said"},"content":{"rendered":"<p>Officers&#8217; smell of marijuana justified search, and the fact the officers said that they were searching for officer safety was not material. <a href=\"http:\/\/www.4dca.org\/opfrm.html\">State v. Jennings<\/a>, 968 So. 2d 694 (Fla. App. 4DCA 2007):<\/p>\n<blockquote><p>The officers in this case had probable cause to search the occupants of the vehicle once they smelled the marijuana. That they may have articulated a subjective intent to search for officer safety did not change the fact that the smell of marijuana smoke provided an objectively reasonable basis for the search. See <em>United States v. Miller<\/em>, 146 F.3d 274, 279 (5th Cir. 1998) (Whren provides broad leeway to officers to conduct searches regardless of their subjective intent so long as there is objective legal justification for their actions).<\/p><\/blockquote>\n<p>Defendant&#8217;s argument that the police conducted an illegal protective sweep prior to his search incident did not have to be reached because the police had independent probable cause for a search warrant that was later issued. Therefore, there was an independent source permitting the search.  <a href=\"http:\/\/www.ca11.uscourts.gov\/unpub\/ops\/200712109.pdf\">United States v. Free<\/a>, 254 Fed. Appx. 765 (11th Cir. 2007)* (unpublished).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=1554\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1554","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1554","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1554"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1554\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1554"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1554"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1554"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}