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CA4: Odor of marijuana from a car PS to search

By John Wesley Hall, Jr.

Odor of marijuana was enough probable cause for a search during an otherwise valid traffic stop. United States v. Lesane, 2010 U.S. App. LEXIS 1012 (4th Cir. January 19, 2010) (unpublished).* For inevitable discovery to apply in the Second Circuit, there must be a “high level of confidence” that the search warrant would have issued. United States v. Cabassa, 62 F.3d 470 (2d Cir. 1995). United States v. Wilke, 2010 U.S. Dist. LEXIS 3644 (W.D. N.Y. January 19, 2010).* Defendant’s consent during a traffic stop was shown by the government to be free and voluntary. The consent was rather easily achieved, shortly into the stop, and defendant did not have a right to be informed of his right to refuse. United States v. Cousin, 2010 U...continue to full post

Full post as published by Fourth Amendment on January 21, 2010 (boomark / email).