EPISODE · Aug 5, 2025 · 13 MIN
United States v. Outlaw: Probable Cause for Arrest and Search (U.S. 3rd Cir.)
from Swear on the Stand · host Daniel W. Swear
This episode discusses a precedential opinion from the United States Court of Appeals for the Third Circuit, the appeal of United States v. Outlaw. The central issue revolves around whether a police detective had probable cause to arrest Abdul Outlaw, which would justify a search incident to arrest. The court affirmed the District Court's decision to suppress evidence found on Outlaw, including a firearm and marijuana, because the smell of burning marijuana alone was not sufficient to establish probable cause for arrest when multiple individuals were present in the vehicle. The opinion clarifies that while the smell can justify searching a vehicle, it must be particularized to an individual for a lawful arrest, and in this instance, it could not be definitively linked solely to Outlaw.
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United States v. Outlaw: Probable Cause for Arrest and Search (U.S. 3rd Cir.)
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