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OH8: Smell of marijuana on the person did not justify an entry

By John Wesley Hall, Jr.

Smell of marijuana on a person did not justify a search of the house defendant was staying in as a guest. State v. Evans, 2008 Ohio 5253, 2008 Ohio App. LEXIS 4402 (8th Dist. October 9, 2008).* IAC claim fails where defendant cannot show that the suppression motion not filed would fail. State v. Taylor, 2008 Ohio 5238, 2008 Ohio App. LEXIS 4412 (9th Dist. October 8, 2008).* Affidavit did not just show that defendant was a drug dealer and relying on that alone to show nexus. Here, there was more. United States v. Feagan, 2008 U.S. Dist. LEXIS 80014 (E.D. Tenn. July 1, 2008)*: It is not necessary for this Court to conclude that the Sixth Circuit has established a firm rule that if reliable information indicates a defendant is a drug dealer, then probable cause always exists to search the drug dealer's residence...continue to full post

Full post as published by Fourth Amendment on October 12, 2008 (boomark / email).