{"id":49418,"date":"2021-08-18T08:50:42","date_gmt":"2021-08-18T13:50:42","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49418"},"modified":"2021-08-18T08:50:42","modified_gmt":"2021-08-18T13:50:42","slug":"nd-search-of-passengers-person-for-smell-of-mj-in-car-was-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=49418","title":{"rendered":"ND: Search of passenger&#8217;s person for smell of MJ in car was unreasonable"},"content":{"rendered":"\n<p>Defendant\u2019s patdown as a passenger on smell of marijuana was reasonable during the stop, but a search of his person was not. There was no justification for a search of his person. <a href=\"https:\/\/www.ndcourts.gov\/supreme-court\/opinion\/2021ND79\">State v. K.V. (In the Interest of K.V.)<\/a>, 2021 ND 79, 959 N.W.2d 577 (May 6, 2021) (corrected Aug. 17, 2021).<\/p>\n\n\n\n<p>Defense counsel wasn\u2019t ineffective for not challenging the search here because defendant had no standing. Humphrey v. United States, 2021 U.S. Dist. LEXIS 154682 (C.D.Ill. Aug. 16, 2021).*<\/p>\n\n\n\n<p>The search warrant for premises in a drug case didn\u2019t include cell phones. Some were seized and a separate warrant was obtained for them. The first warrant was executed in good faith and cell phones are tools of the trade. United States v. Henderson, 2021 U.S. Dist. LEXIS 154852 (W.D.Va. Aug. 17, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s patdown as a passenger on smell of marijuana was reasonable during the stop, but a search of his person was not. There was no justification for a search of his person. State v. K.V. (In the Interest of K.V.), &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=49418\">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":[5,20,59,34],"tags":[],"class_list":["post-49418","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-probable-cause","category-scope-of-search","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49418","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=49418"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49418\/revisions"}],"predecessor-version":[{"id":49419,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49418\/revisions\/49419"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49418"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49418"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49418"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}