{"id":53797,"date":"2022-12-16T04:02:07","date_gmt":"2022-12-16T09:02:07","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53797"},"modified":"2022-12-16T04:02:07","modified_gmt":"2022-12-16T09:02:07","slug":"cal-2-mj-smell-associated-with-minors-still-rs-for-an-offense","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=53797","title":{"rendered":"Cal.2: MJ smell associated with minors still RS for an offense"},"content":{"rendered":"\n<p>Officers ran an LPN and saw that the vehicle had expired tags. Driving next to the car, officers smelled burnt marijuana and knew that the users were minors which is still an offense under California law. That was cause for the stop of the car and the occupants. <a href=\"https:\/\/www.courts.ca.gov\/opinions\/documents\/B318174.PDF\">People v. Castro<\/a>, 2022 Cal. App. LEXIS 1018 (2d Dist. Nov. 18, 2022) (released Dec. 14, 2022).<\/p>\n\n\n\n<p>The court finds the officer credible, so the finding of probable cause flows from that. Inevitable discovery also applies. United States v. LeTner, 2022 U.S. Dist. LEXIS 224291 (N.D. Ind. Dec. 13, 2022).*<\/p>\n\n\n\n<p>Trial counsel cannot be ineffective for not filing a motion to suppress that no chance of success. United States v. Fowler, 2022 U.S. Dist. LEXIS 224286 (N.D. Ind. Dec. 12, 2022).*<\/p>\n\n\n\n<p>Defendant\u2019s wholly conclusory allegation of a Franks violation that was not pursued doesn\u2019t state a 2255 claim. Whitson v. United States, 2022 U.S. App. LEXIS 34309 (6th Cir. Dec. 13, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers ran an LPN and saw that the vehicle had expired tags. Driving next to the car, officers smelled burnt marijuana and knew that the users were minors which is still an offense under California law. That was cause for &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=53797\">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":[104,21,23,68,51],"tags":[],"class_list":["post-53797","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-franks-doctrine","category-ineffective-assistance","category-inevitable-discovery","category-plain-view"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53797","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=53797"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53797\/revisions"}],"predecessor-version":[{"id":53798,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53797\/revisions\/53798"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53797"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53797"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53797"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}