Swift & Staley, Inc. v. United States
Syllabus
REPORTED ORDER AND OPINION. Unsealed public redacted version of the Court's March 31, 2022 Opinion denying [56] Plaintiff's Motion for Judgment on the Administrative Record (\MJAR\) denying [58] Plaintiffs Motion to Supplement the Administrative Record granting [59] Defendant's Cross-MJAR granting [61] Defendant-Intervenor's Cross-MJAR granting [62] Defendant-Intervenor's Motion to Strike. The Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- distinguishing DeJesus on basis that officers \were legally in the hallway of the apartment\ when they smelled marijuana and \heard running sounds within the apartment\
- officers heard what they believed to be multiple people 13 \running around\ in apartment and occupant admitted that his \friend\ was in apartment
- sound of running and suspicious conduct justified entry where officer smelled marijuana that could be removed or destroyed
- strong odor of marijuana coming from apartment provided probable cause for police to believe that there was marijuana in that apartment
- strong odor of marijuana emanating from inside apartment, admission from defendant that he had smoked marijuana, and his nervousness and evasive behavior provided probable cause to believe there was marijuana in apartment
- \officers were allowed to perform a limited search of the apartment to determine that no one else was present who could have . . .destroyed the evidence remaining in the apartment\
Source: CourtListener parenthetical corpus (CC0).
Judges: Thompson M. Dietz
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.