{"id":60411,"date":"2025-03-12T08:56:58","date_gmt":"2025-03-12T13:56:58","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60411"},"modified":"2025-03-12T08:56:58","modified_gmt":"2025-03-12T13:56:58","slug":"wa-officers-didnt-have-to-check-whether-mj-grow-was-state-licensed-before-they-sought-a-sw","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=60411","title":{"rendered":"WA: Officers didn&#8217;t have to check whether MJ grow was state licensed before they sought a SW"},"content":{"rendered":"\n<p>\u201cWe hold that when viewed together, the facts in the affidavit were sufficient to establish probable cause to search all four properties, regardless of the fact that the odor of marijuana was only detected at two of the properties. Further, we hold that the search warrant was valid even though the affidavit did not indicate whether the marijuana grow operations were legal and registered with the state.\u201d <a href=\"https:\/\/www.courts.wa.gov\/opinions\/pdf\/D2%2058336-4-II%20Published%20Opinion.pdf\">State v. My Le<\/a>, 2025 Wash. App. LEXIS 436 (Mar. 11, 2025).<\/p>\n\n\n\n<p>Plaintiff\u2019s Fourth Amendment claim is barred by SOL. \u201cIn Mr. Topolski&#8217;s claim for violation of his right to privacy, he cites Article I, Section 7 of the Washington State Constitution in addition to the Fourth Amendment of the United States Constitution. \u2026 But \u2018Washington law has no counterpart to 42 U.S.C. \u00a7 1983 \u2026 and Washington courts have rejected attempts to create a private right of action for damages under the Washington Constitution absent guidance from the legislature.\u2019 \u2026 Because there is no private right of action for this claim, it too will be DISMISSED with prejudice.\u201d Topolski v. Wash. State Dep&#8217;t of Licensing, 2025 U.S. Dist. LEXIS 44011 (W.D. Wash. Mar. 11, 2025).*<\/p>\n\n\n\n<p>Abandoning the ineffective assistance claims in CoA pleadings on appeal is waiver. United States v. Scott, 2025 U.S. App. LEXIS 5652 (5th Cir. Mar. 10, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cWe hold that when viewed together, the facts in the affidavit were sufficient to establish probable cause to search all four properties, regardless of the fact that the odor of marijuana was only detected at two of the properties. Further, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=60411\">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":[126,129],"tags":[],"class_list":["post-60411","post","type-post","status-publish","format-standard","hentry","category-issue-preclusion","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60411","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=60411"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60411\/revisions"}],"predecessor-version":[{"id":60412,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60411\/revisions\/60412"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60411"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60411"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60411"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}