» Entries tagged with "sniff"

Nothing Better To Do

My biggest takeaway from State v. Foncette is that there must be no crime in Tempe. Officers stopped Foncette, apparently smelled marijuana, and brought a drug dog to the scene. The dog alerted, but they found nothing. They proceeded to follow him to a hotel and walked with the dog down the hallway outside of the room where he was staying. The dog alerted outside of his room, and officers knocked. When he opened the door, officers apparently smelled marijuana again. Foncette left the room when officers asked, but his companion did not. Police then detained both of them, and they subsequently got a warrant for a nighttime search of the hotel room. They found a lot of marijuana. Obviously, there were no burglaries in Tempe that night. I am sure … Read entire article »

Filed under: Arizona Cases, Drugs, Medical Marijuana

Let This Be A Lesson

If you read it carefully, the recent opinion from the Arizona Court of Appeals in State v. Woods can tell you a lot about how criminal appeals work in Arizona. In it, the trial court judge did something very unusual and suppressed evidence obtained during a lawful initial stop and subsequent search of a car because the defendant refused to allow the officer to search some boxes and the officer had no information “to suggest a basis for reasonable suspicion as to the transportation of illegal substances.” The officer had first found the boxes in question during a supposed consent search. The appellate court wrote that the trial court “acknowledged” that their “consistency and density” was “consistent with his experience with packaging of illegal substances.” The use of … Read entire article »

Filed under: Arizona Cases, Drugs

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