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OH8: Odor of marijuana coming from backyard does not negate warrant requirement

By John Wesley Hall, Jr.

Odor of marijuana coming from defendant's backyard, the curtilage, did not negate the warrant requirement. The warrantless entry into the backyard had to be suppressed. State v. Crenshaw, 2008 Ohio 4859, 2008 Ohio App. LEXIS 4069 (8th Dist. September 25, 2008).* Saying to the defendant "come here" is a seizure under Terry. United States v. Holcomb, 2008 U.S. Dist. LEXIS 73362 (W.D. Pa. August 29, 2008).* Quarles public safety exception applies to a knife as well as a gun. People v. Allah, 2008 NY Slip Op 7068, 2008 N.Y. App. Div. LEXIS 6919 (1st Dept. September 25, 2008).*

Full post as published by Fourth Amendment on September 28, 2008 (boomark / email).