Category Archives: Plain view, feel, smell

LA2: Officer’s leaning in open window wasn’t a plain view; def’s demands to know why he’s detained can’t be RS when he has a right to know

Officer’s leaning into the open window of defendant’s car with a flashlight to get a better view was not a plain view. Statute “commands police officers, upon detaining a citizen in connection with the investigation or commission of any offense, … Continue reading

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PA: Syringes in plain view on floorboard was PC

Officer’s seeing syringes on the floor of defendant’s car just by looking was plain view and probable cause for search. Commonwealth v. Bumbarger, 2020 Pa. Super. LEXIS 206 (Mar. 16, 2020).* “Mr. Sealey’s motion to suppress, the court did not … Continue reading

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D.N.M.: Search of camper being lived in parked on the street in violation of ordinance was inevitable

The question of standing and alleged illegal search of defendant’s camper were moot. The camper was parked on an Albuquerque city street where it’s illegal to live in a camper. Given those facts, the camper would have otherwise been inventoried, … Continue reading

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AL: Officer was lawfully in position for plain view of def’s computer screen

The trial court erred in suppressing the search here because the officer who did it was a law enforcement officer under state law able to do so. On the merits, the officer was in position to make a plain view … Continue reading

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E.D.Tex.: Address of a building is usually sufficient for particularity

The address of a building is generally sufficient particularity for a search warrant. Even so, the good faith exception would apply. United States v. Wilson, 2020 U.S. Dist. LEXIS 37210 (E.D. Tex. Jan. 17, 2020), adopted, 2020 U.S. Dist. LEXIS … Continue reading

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E.D.Tex.: Conclusory objections to R&R are denied

Conclusory objections to the R&R on this search issue are overruled. United States v. Wilson, 2020 U.S. Dist. LEXIS 36571 (E.D. Tex. Mar. 3, 2020). Feeling a firearm during a patdown is plain feel. United States v. White, 2020 U.S. … Continue reading

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E.D.Mich.: Despite MMJ law, def rolling a joint when stopped could have his car searched

When defendant was stopped, he was seen rolling a joint. Despite the medical marijuana law, the officer could search the car for more because it was still a violation of federal law. United States v. Hinds, 2020 U.S. Dist. LEXIS … Continue reading

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N.D.Ga.: Issues over the territorial jurisdiction of state issuing magistrate for geolocation information was subject to GFE

Defendants’ challenges to the state issuing magistrate’s jurisdiction over geolocation information that crosses jurisdictional lines were based on a Franks challenge that was negligence at worst and not an intentional misrepresentation as to the judge’s jurisdiction. Besides, as interesting as … Continue reading

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D.Me.: It wasn’t unreasonable for the officer to delay def’s arrest until they moved to where another officer was for safety

It wasn’t unreasonable for the officer to forgo defendant’s arrest and get him to walk with the officer to the house where another officer was waiting. This was for safety purposes. United States v. Brigley, 2020 U.S. Dist. LEXIS 13938 … Continue reading

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N.D.W.Va.: Traffic stop was valid and led to plain view of drugs on passenger seat

The headings tell us the case: “A. Lieutenant Kennedy had the requisite reasonable, articulable suspicion of unlawful conduct to initiate a traffic stop on Defendant’s vehicle based upon traffic violations and erratic driving consistent with that of an impaired driver.” … Continue reading

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OH11: “Hand swabs” in SW for person fairly includes fingernail scrapings; no REP in clothing removed at ER by nurses

Defendant was brought to a hospital for alleged injuries. He was exceedingly drunk for a juvenile and covered in blood. He was cleaned up at the ER and no injuries found. The nurses there took his clothes. Police later seized … Continue reading

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CA6: Game officers had PC to arrest ptf for night hunting with lights despite ptf winning some counts at state trial and state abandoning last one on his promise not to do it anymore

Officers had probable cause to arrest plaintiff for shining deer at night when he was spotted from an airplane on patrol. He was arrested for hunting under the influence and at night. He ultimately got counts dismissed, one for his … Continue reading

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