{"id":26566,"date":"2017-04-02T16:39:18","date_gmt":"2017-04-02T21:39:18","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=26566"},"modified":"2017-04-03T07:47:36","modified_gmt":"2017-04-03T12:47:36","slug":"ca11-rs-justified-home-search-by-po-when-door-opened-and-mj-could-be-smelled-plus-more-not-that-it-mattered","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=26566","title":{"rendered":"CA11: RS justified home search by PO when door opened and MJ could be smelled, plus more, not that it mattered"},"content":{"rendered":"<p>POs came to defendant\u2019s place for a home visit. When the door was opened, the officer could smell marijuana. He asked for defendant and the man answering the door said defendant didn\u2019t live there. He asked for defendant\u2019s girlfriend who came to the door; she was asked he she said he lived there but was out. There was reasonable suspicion for a home search. [Since justification for a car search is based on the smell of marijuana, certainly a house during a probation or parole search.] <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201613204.pdf\">United States v. Collins<\/a>, 2017 U.S. App. LEXIS 5279 (11th Cir. March 27, 2017).<\/p>\n<p>2255 petitioner\u2019s search and seizure issues were decided on direct appeal to the Third Circuit can can\u2019t be relitigated. Pavulak v. United States, 2017 U.S. Dist. LEXIS 48478 (D. Del. March 31, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>POs came to defendant\u2019s place for a home visit. When the door was opened, the officer could smell marijuana. He asked for defendant and the man answering the door said defendant didn\u2019t live there. He asked for defendant\u2019s girlfriend who &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=26566\">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":[58],"tags":[],"class_list":["post-26566","post","type-post","status-publish","format-standard","hentry","category-probationparole-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26566","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=26566"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26566\/revisions"}],"predecessor-version":[{"id":26594,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26566\/revisions\/26594"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=26566"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=26566"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=26566"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}