State v. J. Johnson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding warrant not supported by probable cause where affidavit indicated that officer smelled strong odor of marijuana coming from building but did not include representation that officer who detected odor was qualified to recognize odor of marijuana
• issue not raised in written motion to suppress, but raised in post-hearing brief was properly preserved for appellate review
• affidavits indicating that officers smelled marijuana did not include any information about their training or experience “that would allow a magistrate to determine that [they were] qualified to recognize the odor”
• when reviewing the magistrate’s probable cause determination for a search warrant, the duty of a reviewing court is simply to ensure that the magistrate had a substantial basis for concluding that probable cause existed

Source: CourtListener parenthetical corpus (CC0).