\u201c[T]he warrant affidavit established probable cause to search the Residence, based on a combination of the smell of marijuana emanating from the Residence and the marijuana stem recovered in the trash pull. The affidavit reveals that three different MNPD officers smelled marijuana emanating from the Residence on June 6, 2020. The Sixth Circuit has indicated that it \u2018may be true\u2019 the smell of marijuana standing alone supports probable cause to search a home.\u201d \u201cThe defendant must identify specific false statements and then \u2018accompany his allegations with an offer of proof,\u2019 usually in the form of supporting affidavits.\u201d It fails. \u201cThe Court well understands that the warrant affidavit in this case was not a model of thoroughness or clarity. If affiants want their affidavits to withstand constitutional challenges in federal court they would be prudent to err on the side of additional information and clarity. Nevertheless, the affidavit here was sufficient to clear the not-so-high bar of probable cause as to simple possession of marijuana, even excluding the source information and other statements Defendant asserts are objectionable.\u201d United States v. Tillman, 2021 U.S. Dist. LEXIS 15319 (M.D. Tenn. Jan. 27, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201c[T]he warrant affidavit established probable cause to search the Residence, based on a combination of the smell of marijuana emanating from the Residence and the marijuana stem recovered in the trash pull. The affidavit reveals that three different MNPD officers … Continue reading