{"id":58626,"date":"2024-08-14T11:38:02","date_gmt":"2024-08-14T16:38:02","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58626"},"modified":"2024-08-14T11:38:02","modified_gmt":"2024-08-14T16:38:02","slug":"ca8-pc-shown-for-sw-for-home-in-mmj-state-on-smell-of-marijuana-plus-other-information","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58626","title":{"rendered":"CA8: PC shown for SW for home in MMJ state on smell of marijuana plus other information"},"content":{"rendered":"\n<p>The fact there is medical marijuana in the state did not defeat the probable cause showing because there was also information about alleged sales from the property. Here, the police went to defendant\u2019s home for a knock-and-talk and could smell marijuana from inside. That led to a search warrant. <a href=\"https:\/\/ecf.ca8.uscourts.gov\/opndir\/24\/08\/233002P.pdf\">United States v. Gilmore<\/a>, 2024 U.S. App. LEXIS 20006 (8th Cir. Aug. 9, 2024).<\/p>\n\n\n\n<p>Individually, the border patrol agent\u2019s observations aren\u2019t necessarily reasonable suspicion, but collectively they are. United States v. Clark, 2024 U.S. Dist. LEXIS 140915 (D. Ariz. July 19, 2024),* adopted, 2024 U.S. Dist. LEXIS 139053 (D. Ariz. Aug. 6, 2024).*<\/p>\n\n\n\n<p>Defendant\u2019s touching the fog line twice and driving 12-17 mph below the speed limit on an interstate highway justified his stop. Then the smell of marijuana was probable cause. United States v. Jinnah, 2024 U.S. Dist. LEXIS 141012 (N.D. Iowa Aug. 8, 2024).*<\/p>\n\n\n\n<p>On the totality of circumstances, the officers are credible, and the court finds that defendant consented to this search. Guam v. Guerrero, 2024 Guam Trial Order LEXIS 126 (Aug. 6, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The fact there is medical marijuana in the state did not defeat the probable cause showing because there was also information about alleged sales from the property. Here, the police went to defendant\u2019s home for a knock-and-talk and could smell &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=58626\">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":[24,51,20,35],"tags":[],"class_list":["post-58626","post","type-post","status-publish","format-standard","hentry","category-consent","category-plain-view","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58626","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=58626"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58626\/revisions"}],"predecessor-version":[{"id":58627,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58626\/revisions\/58627"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58626"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58626"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58626"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}