{"id":32462,"date":"2018-03-30T05:52:40","date_gmt":"2018-03-30T10:52:40","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=32462"},"modified":"2018-03-30T07:56:16","modified_gmt":"2018-03-30T12:56:16","slug":"ca4-jardines-didnt-bar-officers-from-following-burnt-marijuana-smell-to-defs-apartment","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=32462","title":{"rendered":"CA4: <em>Jardines<\/em> didn&#8217;t bar officers from following burnt marijuana smell to def&#8217;s apartment"},"content":{"rendered":"<p>Two officers on bike patrol rode through an apartment complex and smelled burning marijuana. They followed their noses and sniffed at defendant\u2019s place and knocked. The district court erred in suppressing because it read too much into Jardines. The officers did no more than any passersby could have done. \u201cJust as law enforcement officers are not compelled to \u2018shield their eyes\u2019 from plainly visible criminal activity, Ciaraolo, 476 U.S. at 213, Officers Lyons and Marshall were not required to plug their noses as they passed Mitchell&#8217;s apartment. Because the officers&#8217; sniff outside Mitchell&#8217;s apartment was not a search, we must reverse.\u201d <a href=\"http:\/\/www.ca4.uscourts.gov\/opinions\/174317.U.pdf\">United States v. Mitchell<\/a>, 2018 U.S. App. LEXIS 7765 (4th Cir. Mar. 28, 2018).<\/p>\n<p>Defendant lived in the house with his sister-in-law for two months prior to the search, and he got mail there. He had standing. <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2018\/2018_01786.htm\">People v. Sweat<\/a>, 2018 NY Slip Op 01786, 2018 N.Y. App. Div. LEXIS 2127 (4th Dept. Mar. 16, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Two officers on bike patrol rode through an apartment complex and smelled burning marijuana. They followed their noses and sniffed at defendant\u2019s place and knocked. The district court erred in suppressing because it read too much into Jardines. The officers &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=32462\">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":[34],"tags":[],"class_list":["post-32462","post","type-post","status-publish","format-standard","hentry","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32462","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=32462"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32462\/revisions"}],"predecessor-version":[{"id":32467,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32462\/revisions\/32467"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32462"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32462"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32462"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}