{"id":30982,"date":"2018-01-02T00:00:56","date_gmt":"2018-01-02T05:00:56","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=30982"},"modified":"2017-12-29T18:18:38","modified_gmt":"2017-12-29T23:18:38","slug":"ks-declines-to-decide-whether-odor-of-mj-on-the-person-is-pc-because-here-there-was-more-than-just-that","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=30982","title":{"rendered":"KS declines to decide whether odor of MJ on the person is PC because here there was more than just that"},"content":{"rendered":"<p>Defendant didn\u2019t dim headlights and officers stopped the car suspecting inattentive driving. The smell of marijuana coming from the car was obvious. \u201cWe decline the State&#8217;s offer to embark on a new legal proposition that would allow Kansas law enforcement officers to search a person simply because there was an odor of marijuana about that person.\u201d There was inattentive driver in addition to just smell from the car and the person. <a href=\"http:\/\/www.kscourts.org\/Cases-and-Opinions\/opinions\/CtApp\/2017\/20171222\/115428.pdf\">State v. Hadley<\/a>, 2017 Kan. App. LEXIS 91 (Dec. 22, 2017).<\/p>\n<p>Defendant doesn\u2019t show in his 2255 how filing a motion to suppress would have aided his defense because there was no conceivable ground on which it would have succeeded. United States v. Zamudio-Beltran, 2016 U.S. Dist. LEXIS 192265 (D. N.M. May 12, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant didn\u2019t dim headlights and officers stopped the car suspecting inattentive driving. The smell of marijuana coming from the car was obvious. \u201cWe decline the State&#8217;s offer to embark on a new legal proposition that would allow Kansas law enforcement &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=30982\">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":[23,51],"tags":[],"class_list":["post-30982","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-plain-view"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30982","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=30982"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30982\/revisions"}],"predecessor-version":[{"id":30983,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30982\/revisions\/30983"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=30982"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=30982"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=30982"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}