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<blockquote data-quote="RDJ" data-source="post: 11245342" data-attributes="member: 5905"><p>you failed in your research and the attorney was full of shit. here read this it is specific to Virginia: </p><p></p><p><a href="http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=714&issue_id=102005" target="_blank">Police Chief Magazine - View Article</a></p><p></p><p><strong>Strong Smell of Marijuana</strong>In June 2003 police officers in Richmond, Virginia, were patrolling a neighborhood known for drug trafficking. They noticed a group of people gathered on a street corner, including Deute Humphries. One officer noticed that Humphries patted his waist, and the officer suspected that Humphries was instinctively feeling for his weapon.</p><p></p><p>The officers stopped their patrol car about 20 feet from Humphries. When they got out of the car, they smelled a strong odor of marijuana. One officer noticed out of the corner of his eye that Humphries turned quickly and walked rapidly away from the officers. The officer followed Humphries, asking him to stop, saying to him that he needed to talk to him. Humphries did not respond and continued to walk away quickly.</p><p></p><p>The officer quickened his step to catch up, and once he was within 10 feet of Humphries he smelled "the same strong odor of marijuana . . . coming off of [his] person," and the officer again instructed Humphries to stop. Humphries ignored the officer and began to walk up to a house, where he knocked on the door.</p><p></p><p>The officer paused at the foot of the stairs of the house and noticed that the smell of marijuana was still strong and was coming from Humphries. When someone opened the door, Humphries walked in, defying the officer's command that he stop and not enter the house. The officer followed Humphries and arrested him.</p><p></p><p>The officer took Humphries outside and smelled the odor of marijuana on his breath. He patted him down and recovered a 9mm semiautomatic handgun from Humphries's waistband. The officer then conducted a full search incident to arrest, and found 26 Percocet tablets and a small amount of crack cocaine in his pockets. He charged Humphries with possession of Percocet with intent to distribute, simple possession of Percocet, possession of crack cocaine, and possession of a firearm in furtherance of drug trafficking under federal law. </p><p></p><p>Before trial, Humphries moved to suppress the evidence, contending that the officer did not have probable cause to arrest him, but conceded that he may have had reasonable suspicion to stop and question him. The federal district court granted Humphries's motion and suppressed the evidence, but the Fourth Circuit Court of Appeals reversed that ruling.1</p><p></p><p><strong>The appellate court stated that it has "repeatedly held that the odor of marijuana alone can provide probable cause to believe that marijuana is present in a particular place."2 The court went on to give examples of its prior rulings that included one in which the smell of marijuana emanating from a "properly stopped vehicle" constituted probable cause to justify a search of the automobile.3 Other examples included a 1974 case in which officers saw boxes inside a van and smelled marijuana, permitting the seizure of the boxes,4 and another where the strong smell of marijuana coming from an open apartment door "almost certainly" provided the officer with probable cause to believe that marijuana was present in the apartment.5</strong></p></blockquote><p></p>
[QUOTE="RDJ, post: 11245342, member: 5905"] you failed in your research and the attorney was full of shit. here read this it is specific to Virginia: [url=http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=714&issue_id=102005]Police Chief Magazine - View Article[/url] [B]Strong Smell of Marijuana[/B]In June 2003 police officers in Richmond, Virginia, were patrolling a neighborhood known for drug trafficking. They noticed a group of people gathered on a street corner, including Deute Humphries. One officer noticed that Humphries patted his waist, and the officer suspected that Humphries was instinctively feeling for his weapon. The officers stopped their patrol car about 20 feet from Humphries. When they got out of the car, they smelled a strong odor of marijuana. One officer noticed out of the corner of his eye that Humphries turned quickly and walked rapidly away from the officers. The officer followed Humphries, asking him to stop, saying to him that he needed to talk to him. Humphries did not respond and continued to walk away quickly. The officer quickened his step to catch up, and once he was within 10 feet of Humphries he smelled "the same strong odor of marijuana . . . coming off of [his] person," and the officer again instructed Humphries to stop. Humphries ignored the officer and began to walk up to a house, where he knocked on the door. The officer paused at the foot of the stairs of the house and noticed that the smell of marijuana was still strong and was coming from Humphries. When someone opened the door, Humphries walked in, defying the officer's command that he stop and not enter the house. The officer followed Humphries and arrested him. The officer took Humphries outside and smelled the odor of marijuana on his breath. He patted him down and recovered a 9mm semiautomatic handgun from Humphries's waistband. The officer then conducted a full search incident to arrest, and found 26 Percocet tablets and a small amount of crack cocaine in his pockets. He charged Humphries with possession of Percocet with intent to distribute, simple possession of Percocet, possession of crack cocaine, and possession of a firearm in furtherance of drug trafficking under federal law. Before trial, Humphries moved to suppress the evidence, contending that the officer did not have probable cause to arrest him, but conceded that he may have had reasonable suspicion to stop and question him. The federal district court granted Humphries's motion and suppressed the evidence, but the Fourth Circuit Court of Appeals reversed that ruling.1 [B]The appellate court stated that it has "repeatedly held that the odor of marijuana alone can provide probable cause to believe that marijuana is present in a particular place."2 The court went on to give examples of its prior rulings that included one in which the smell of marijuana emanating from a "properly stopped vehicle" constituted probable cause to justify a search of the automobile.3 Other examples included a 1974 case in which officers saw boxes inside a van and smelled marijuana, permitting the seizure of the boxes,4 and another where the strong smell of marijuana coming from an open apartment door "almost certainly" provided the officer with probable cause to believe that marijuana was present in the apartment.5[/B] [/QUOTE]
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