People v. Daugherty CA4/3

FACTS

Loren Rofe, a United States postal inspector, discovered a suspicious package and went to the addressee’s residence with another inspector. Rofe knocked on the door. When Daugherty opened the door, Rofe smelled marijuana and saw a young girl, Daugherty’s daughter, sitting in the background. Rofe identified himself and asked Daugherty if he was expecting a package. He confirmed he was in a nervous manner. In response to questions, Daugherty told Rofe that he had marijuana but not a medical marijuana card. Rofe asked to come inside, and Daugherty refused and said he needed a warrant. Rofe said he was detaining Daugherty and securing the apartment. Daugherty slammed the door, and Rofe heard him run. Rofe called the police and went to the manager’s office to get a key. When officers arrived about 15 minutes later, Rofe knocked, and when Daugherty did not open the door, Rofe used the key to open the door. Daugherty came out, and the inspector went inside and brought his daughter outside. Rofe went back inside to conduct a “protective sweep” and he saw a jar of marijuana and safe inside the master bedroom closet. Officers obtained a search warrant and found marijuana, a digital…