{"id":49598,"date":"2021-09-10T11:52:53","date_gmt":"2021-09-10T16:52:53","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49598"},"modified":"2021-09-10T11:52:53","modified_gmt":"2021-09-10T16:52:53","slug":"de-officers-vague-and-untimely-id-of-mj-wasnt-pc-here","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=49598","title":{"rendered":"DE: Officer&#8217;s vague and untimely ID of MJ wasn&#8217;t PC here"},"content":{"rendered":"\n<p>Officer\u2019s vague and untimely identification of the odor of marijuana was not probable cause in itself on the totality of these circumstances. <a href=\"https:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=324220\">Juliano v. State<\/a>, 320, 2019 (Del. Sept. 10, 2021):<\/p>\n\n\n\n<!--more-->\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p>. . . In this appeal, Juliano contends that, although the odor of marijuana may support the extension of a traffic stop or serve as a factor contributing to probable cause to search a person or vehicle, it does not, standing alone, authorize a full custodial arrest.<\/p><p>In this opinion, we hold that, under the totality of the circumstances presented by the State in this unusual case, including the vagueness of the officers\u2019 description of the marijuana odor, the timing of their detection of that odor, and the absence of any other observations indicative of criminality, Juliano\u2019s arrest was unreasonable and therefore violates the Fourth Amendment of the United States Constitution and Article I, Section 6 of the Delaware Constitution. It follows that the evidence obtained following Juliano\u2019s unlawful arrest should have been suppressed as fruit of the poisonous tree. This being so, we reverse.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Officer\u2019s vague and untimely identification of the odor of marijuana was not probable cause in itself on the totality of these circumstances. Juliano v. State, 320, 2019 (Del. Sept. 10, 2021):<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[51,20],"tags":[],"class_list":["post-49598","post","type-post","status-publish","format-standard","hentry","category-plain-view","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49598","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=49598"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49598\/revisions"}],"predecessor-version":[{"id":49599,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49598\/revisions\/49599"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49598"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49598"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49598"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}