{"id":48382,"date":"2021-05-12T16:21:50","date_gmt":"2021-05-12T21:21:50","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48382"},"modified":"2021-05-13T14:35:26","modified_gmt":"2021-05-13T19:35:26","slug":"d-colo-federal-law-criminalizing-marijuana-makes-dog-sniff-in-recreational-use-state-reasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=48382","title":{"rendered":"D.Colo.: Federal law criminalizing marijuana makes dog sniff in recreational use state reasonable"},"content":{"rendered":"\n<p>Even though Colorado has decriminalized personal use of marijuana, a dog sniff is still reasonable under federal law because possession of marijuana is still a violation of federal law because it\u2019s unlawful for \u201cany purpose.\u201d United States v. Spikes, 2021 U.S. Dist. LEXIS 88589 (D. Colo. May 10, 2021).<\/p>\n\n\n\n<p>Search of two bags defendant was carrying when he was arrested with probable cause were subject to the search incident doctrine. His restraint before the search did not make them unreasonable. United States v. Henderson, 2021 U.S. Dist. LEXIS 88379 (S.D. Ohio May 10, 2021).<\/p>\n\n\n\n<p>A citizen\u2019s complaint that defendant was harassing her on the street and she was \u201cshaken up\u201d was reasonable suspicion for an encounter when she reported it to the police. United States v. Anderson, 2021 U.S. Dist. LEXIS 88424 (D.N.M. May 10, 2021).*<\/p>\n\n\n\n<p>Plaintiff showed a factual dispute to deny summary judgment to the officer that he unreasonably shot her when she got out of her car with her hands up. <a href=\"https:\/\/www.ca10.uscourts.gov\/opinions\/20\/20-7013.pdf\">Huff v. Reeves<\/a>, 2021 U.S. App. LEXIS 13784 (10th Cir. May 10, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Even though Colorado has decriminalized personal use of marijuana, a dog sniff is still reasonable under federal law because possession of marijuana is still a violation of federal law because it\u2019s unlawful for \u201cany purpose.\u201d United States v. Spikes, 2021 &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=48382\">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":[27,52,44,35,26],"tags":[],"class_list":["post-48382","post","type-post","status-publish","format-standard","hentry","category-dog-sniff","category-excessive-force","category-informant-hearsay","category-reasonable-suspicion","category-search-incident"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48382","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=48382"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48382\/revisions"}],"predecessor-version":[{"id":48405,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48382\/revisions\/48405"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48382"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48382"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48382"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}