Case Summaries: Fourth Circuit Court of Appeals - March 2020

This post summarizes published criminal and related decisions from the Fourth Circuit Court of Appeals in March, 2020. Decisions of interest to state practitioners will be posted on a monthly basis. Previous summaries of Fourth Circuit criminal and related decisions can be found here. Odor of marijuana supported search warrant for entire home, including safes, even after officers discovered apparent source of odor U.S. v. Jones, 952 F.3d 153 (March 3, 2020). In this Eastern District of Virginia case, officers received a detailed anonymous tip that the defendant was distributing drugs from his residence and later conducted a knock and talk. When the defendant answered the door, officers smelled a strong odor of burning marijuana. The defendant was detained on the front porch while officers performed a protective sweep of the home. Inside, they found smoldering marijuana in a trash can. Based on the odor and their observations, officers sought and received a search warrant to look for evidence of marijuana. The warrant application detailed the tip, the knock and talk, the odor of marijuana, officer training and experience, and the still-smoking marijuana inside. The warrant authorized search of the home for narcotics and drug activity, including “any safes or locked boxed that could aid in the hiding of illegal narcotics.” Slip op. at 5. A safe containing a gun was found in the defendant’s bedroom, and various drugs and drug distribution paraphernalia were also found in the residence. The defendant was charged with drug offenses and as a felon in [...]