{"id":63732,"date":"2026-03-29T17:21:50","date_gmt":"2026-03-29T22:21:50","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63732"},"modified":"2026-03-30T07:27:38","modified_gmt":"2026-03-30T12:27:38","slug":"al-no-rs-for-pulling-up-behind-legally-parked-car-with-blue-lights-on-to-inquire-smell-of-mj-suppressed","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=63732","title":{"rendered":"AL: No RS for pulling up behind legally parked car with blue lights on to inquire; smell of MJ suppressed"},"content":{"rendered":"\n

There was no reasonable suspicion for defendant\u2019s stop in a residential neighborhood when he was lawfully parked and doing nothing wrong. The officer pulled behind him with emergency lights on. That\u2019s not always a seizure, but here it was. When the car door was opened, the officer smelled marijuana. D.D.B. v. State<\/a>, 2026 Ala. Crim. App. LEXIS 11 (Mar. 27, 2026).<\/p>\n\n\n\n

The affidavit for warrant fairly showed probable cause for a search warrant for money laundering. The warrant affidavit was based on the criminal complaint. The good faith exception would apply in any event. United States v. Patel, 2026 U.S. Dist. LEXIS 65657 (S.D.N.Y. Mar. 27, 2026).*<\/p>\n\n\n\n

Plaintiff\u2019s speeding in a construction zone was probable cause for his stop. Nichols v. Martinez, 2026 U.S. Dist. LEXIS 65849 (N.D. Ill. Mar. 27, 2026).*<\/p>\n\n\n\n

Petitioner\u2019s 2254 Franks claim by a motion to reconsider is denied. That\u2019s not the vehicle. Besides, he points only to the trial court\u2019s holding in an unpublished state appeal that is procedurally different and just inapplicable. [Stone not mentioned.] McCray v. Truitt, 2026 U.S. Dist. LEXIS 65855 (N.D. Ill. Mar. 27, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"

There was no reasonable suspicion for defendant\u2019s stop in a residential neighborhood when he was lawfully parked and doing nothing wrong. The officer pulled behind him with emergency lights on. That\u2019s not always a seizure, but here it was. When … 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":[11,51,20],"tags":[],"class_list":["post-63732","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-plain-view","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63732","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=63732"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63732\/revisions"}],"predecessor-version":[{"id":63736,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63732\/revisions\/63736"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63732"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63732"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63732"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}