{"id":17781,"date":"2015-06-23T07:56:19","date_gmt":"2015-06-23T12:56:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=17781"},"modified":"2015-06-24T17:03:34","modified_gmt":"2015-06-24T22:03:34","slug":"in-smell-of-burnt-mj-from-car-allows-officer-essentially-to-detain-all","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=17781","title":{"rendered":"IN: Smell of burnt MJ from car allows officer essentially to detain all"},"content":{"rendered":"<p>Defendant juvenile was a passenger in the back of a car stopped at 1:30 am, and there was a smell of burnt marijuana coming from the car. Under Pringle, that gave the officer cause to get everybody out of the car and potentially arrest them all. <a href=\"http:\/\/www.in.gov\/judiciary\/opinions\/pdf\/06221501jk.pdf\">K.K. v. State<\/a>, 2015 Ind. App. LEXIS 473 (June 22, 2015).<\/p>\n<p>A warrantless misdemeanor arrest does not violation the Idaho constitution. Plenty of statutes and case law at the time of statehood already recognized it, and there\u2019s no reason to deviate now. [For those wanting to argue state constitutional rights, there\u2019s a discussion of three cases where violation of a statute was interpreted to create an exclusionary rule, but they had a constitutitonal basis, and this one does not.] <a href=\"http:\/\/www.isc.idaho.gov\/opinions\/41736.pdf\">State v. Green<\/a>, 2015 Ida. LEXIS 148 (June 22, 2015). <\/p>\n<p>Defendant was seen coming out of an empty apartment in a NOLA housing project, and that would be trespassing. The stop and search incident were valid. <a href=\"http:\/\/www.la4th.org\/opinion\/2014\/381142_1.pdf\">State v. Cavalier<\/a>, 2015 La. App. LEXIS 1209 (La.App. 4 Cir. June 19, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant juvenile was a passenger in the back of a car stopped at 1:30 am, and there was a smell of burnt marijuana coming from the car. Under Pringle, that gave the officer cause to get everybody out of the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=17781\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50,20,26,53],"tags":[],"class_list":["post-17781","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-probable-cause","category-search-incident","category-state-constitution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17781","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\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=17781"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17781\/revisions"}],"predecessor-version":[{"id":17809,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17781\/revisions\/17809"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=17781"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=17781"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=17781"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}