{"id":58982,"date":"2024-10-01T10:19:52","date_gmt":"2024-10-01T15:19:52","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58982"},"modified":"2024-10-01T10:19:52","modified_gmt":"2024-10-01T15:19:52","slug":"al-officer-being-unable-to-differentiate-smell-of-mj-and-hemp-doesnt-negate-pc","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58982","title":{"rendered":"AL: Officer being unable to differentiate smell of MJ and hemp doesn&#8217;t negate PC"},"content":{"rendered":"\n<p>\u201cBecause probable cause does not require certainty, but only probability, we agree with the trial court that the fact that officers cannot distinguish between hemp and marijuana based on odor alone \u2018does not void probable cause.\u2019 \u2026 Other jurisdictions have reached similar conclusions.\u201d <a href=\"https:\/\/publicportal-api.alappeals.gov\/courts\/b82b30d5-bd3c-46d7-9451-1cb05e470873\/cms\/case\/E9CD918E-52C5-447D-BB5C-2AD8F41A4905\/docketentrydocuments\/7EA01809-E402-4973-A805-F189C4AE6D43\">Bain v. State<\/a>, 2024 Ala. Crim. App. LEXIS 47 (Sep. 27, 2024).<\/p>\n\n\n\n<p>Barely avoiding a collision with a police car on a narrow country road was reasonable suspicion for a stop. State v. Deyton, 2024 Tenn. Crim. App. LEXIS 428 (Sep. 27, 2024).*<\/p>\n\n\n\n<p>\u201cHere, defendant&#8217;s conduct in voluntarily unbuttoning and unzipping his own pants established that the scope of his consent included a search of the inside of his clothing.\u201d People v. Heverly, 2024 NY Slip Op 04656 (4th Dept. Sep. 27, 2024).*<\/p>\n\n\n\n<p>The officer ran the LPN and saw the owner had a suspended DL. Also, the car was driving too slow in the left lane. He immediately determined that the driver was not the owner, but the reasonable suspicion for the stop didn\u2019t evaporate because of the driving violation. State v. Tomlin, 2024-Ohio-4710 (2d Dist. Sep. 27, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cBecause probable cause does not require certainty, but only probability, we agree with the trial court that the fact that officers cannot distinguish between hemp and marijuana based on odor alone \u2018does not void probable cause.\u2019 \u2026 Other jurisdictions have &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=58982\">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":[24,51,35],"tags":[],"class_list":["post-58982","post","type-post","status-publish","format-standard","hentry","category-consent","category-plain-view","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58982","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=58982"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58982\/revisions"}],"predecessor-version":[{"id":58983,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58982\/revisions\/58983"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58982"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58982"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58982"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}