{"id":52757,"date":"2022-07-07T04:47:21","date_gmt":"2022-07-07T09:47:21","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52757"},"modified":"2022-07-09T07:38:55","modified_gmt":"2022-07-09T12:38:55","slug":"fl1-fact-hemp-is-legal-doesnt-make-smell-of-mj-in-car-lack-pc","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=52757","title":{"rendered":"CA6 & FL1: Fact hemp is legal doesn’t make smell of MJ lack PC"},"content":{"rendered":"\n

The fact that hemp was legal doesn\u2019t make the smell like marijuana a lack of probable cause. United States v. McCallister<\/a>, 2022 U.S. App. LEXIS 18642 (6th Cir. July 7, 2022) (people in a park); Hatcher v. State<\/a>, 2022 Fla. App. LEXIS 4577 (Fla. 1st DCA July 6, 2022) (car).<\/p>\n\n\n\n

Police were looking for a dirt bike and found it parked in front of defendant\u2019s house. \u201cThough it is not disputed that the dirt bike was in an area that constituted the curtilage of appellant’s home, the fact that the dirt bike was observable from the street and that the gate to the fence was open renders the seizure appropriate in light of the facts.\u201d State v. Fields<\/a>, 2022-Ohio-2332, 2022 Ohio App. LEXIS 2196 (12th Dist. July 5, 2022).*<\/p>\n\n\n\n

Defendant\u2019s response to the seizure with probable cause was to invoke the American Indian Religious Freedom Act, 42 U.S.C. \u00a7 1996 (AIRFA), for return of property under Rule 41(g). \u201cBecause there are no rights established by or protections offered by the AIRFA, there is no evident connection between any Government action taken in contravention of the general policy espoused by the AIRFA and the elimination of probable cause on an otherwise properly issued search warrant. Therefore, the undersigned finds Defendant has not met his burden of alleging his Fourth Amendment rights were violated.\u201d United States v. Travalino, 2022 U.S. Dist. LEXIS 117473 (W.D. Tex. July 5, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The fact that hemp was legal doesn\u2019t make the smell like marijuana a lack of probable cause. United States v. McCallister, 2022 U.S. App. LEXIS 18642 (6th Cir. July 7, 2022) (people in a park); Hatcher v. State, 2022 Fla. … Continue reading →<\/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":[19,51,20,67],"tags":[],"class_list":["post-52757","post","type-post","status-publish","format-standard","hentry","category-curtilage","category-plain-view","category-probable-cause","category-rule-41g-return-of-property"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52757","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=52757"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52757\/revisions"}],"predecessor-version":[{"id":52765,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52757\/revisions\/52765"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52757"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52757"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52757"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}