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S.D.N.Y.: Odor of raw marijuana was PC for automobile exception search

By John Wesley Hall, Jr.

The court credits that the officers smelled raw marijuana in defendant’s car, and that was probable cause for a search under the automobile exception. United States v. Colon, 2011 U.S. Dist. LEXIS 14106 (S.D. N.Y. February 8, 2011).* The stop of defendant’s semi-truck was justified and based on the regulation of the trucking industry. After the truck was stopped, the DOT number on it was wrong, and reasonable suspicion developed from there. The stop was not overlong. United States v. Luna, 2011 U.S. Dist. LEXIS 14348 (N.D. Ill. February 14, 2011).* The probation officer’s search of defendant’s computer that revealed child porn was not unreasonable as a probation search either by cause or intensity. Trobee v. United States, 2011 U...continue to full post

Full post as published by Fourth Amendment on February 16, 2011 (boomark / email).