{"id":53599,"date":"2022-11-20T13:18:56","date_gmt":"2022-11-20T18:18:56","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53599"},"modified":"2022-11-20T13:18:56","modified_gmt":"2022-11-20T18:18:56","slug":"n-d-ind-franks-hearing-ordered-over-officers-claim-of-smell-of-mj","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=53599","title":{"rendered":"N.D.Ind.: Franks<\/em> hearing ordered over officer’s claim of smell of MJ"},"content":{"rendered":"\n

Defendant gets a Franks hearing even if to rebut the government\u2019s claim the good faith exception applies. The affiant officer claimed there was an \u201coverwhelming\u201d smell of marijuana coming from defendant\u2019s house as they approached for a knock-and-talk, which was belied by what was actually found there. United States v. Randle, 2022 U.S. Dist. LEXIS 208630 (N.D. Ind. Nov. 17, 2022).<\/p>\n\n\n\n

Defendant challenged in his PCR petition the lack of probable cause for a warrant for his BAC. On appeal it\u2019s changed to ineffective assistance of counsel for not challenging it. That\u2019s waiver. Leyva v. State, 2022 Iowa App. LEXIS 899 (Nov. 17, 2022).*<\/p>\n\n\n\n

The smell of marijuana was made during the initial part of the stop, and that made the search of the vehicle valid. State v. Betsinger, 2022 Iowa App. LEXIS 889 (Nov. 17, 2022).*<\/p>\n\n\n\n

\u201c\u2018To demonstrate a favorable termination of a criminal prosecution for purposes of the Fourth Amendment claim under \u00a7 1983 for malicious prosecution, a plaintiff need only show his prosecution ended without a conviction.\u2019 Thompson v. Clark, 142 S.Ct. 1332, 1335, 212 L. Ed. 2d 382 (2022). Here, the officers acknowledge that, under the Supreme Court’s newly articulated standard in Thompson, the dismissal of Caskey’s case meets the definition of favorable termination.\u201d Caskey v. Fenton, 2022 U.S. App. LEXIS 31750 (6th Cir. Nov. 16, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant gets a Franks hearing even if to rebut the government\u2019s claim the good faith exception applies. The affiant officer claimed there was an \u201coverwhelming\u201d smell of marijuana coming from defendant\u2019s house as they approached for a knock-and-talk, which was … 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":[45,21,11,126,51],"tags":[],"class_list":["post-53599","post","type-post","status-publish","format-standard","hentry","category-45","category-franks-doctrine","category-good-faith-exception","category-issue-preclusion","category-plain-view"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53599","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=53599"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53599\/revisions"}],"predecessor-version":[{"id":53600,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53599\/revisions\/53600"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53599"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53599"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53599"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}