\u201cBecause Officer Diaz had reason to believe that a gun would be found within the Defendant’s car prior to the stop, his observation of a small amount of marijuana not clearly labelled for medicinal use creates probable cause that evidence of illegal drug activity would be found within the car. [\u00b6] The connection between the reported shooting and the Defendant’s BMW, the Defendant’s furtive conduct, and the direct visual and olfactory evidence of at least a small quantity of marijuana in the car, are sufficient to create probable cause that Officer Diaz’s search would uncover evidence of illegal drug possession or use, regardless of the fact that the Defendant claimed to have a medical marijuana prescription prior to the search.\u201d United States v. Hampton, 2018 U.S. Dist. LEXIS 3914 (D. Conn. Jan. 9, 2018).<\/p>\n
There was reasonable suspicion for a stop and frisk where defendant was in a car in a vacant lot that smelled of burnt marijuana and the area was a high crime area. State v. Trice<\/a>, 2018-Ohio-78, 2018 Ohio App. LEXIS 78 (9th Dist. Jan. 10, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":" \u201cBecause Officer Diaz had reason to believe that a gun would be found within the Defendant’s car prior to the stop, his observation of a small amount of marijuana not clearly labelled for medicinal use creates probable cause that evidence … Continue reading