Category Archives: Plain view, feel, smell

CA3: There is no REP in the exterior of a package in transit

The initial detention and exterior inspection of the parcel sent to defendant did not implicate his Fourth Amendment rights because it occurred within the guaranteed delivery window. He had no reasonable expectation of privacy in the exterior of the parcel … Continue reading

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E.D.Mo.: Putting def’s cell phone into airplane mode wasn’t a search

Putting defendant’s cell phone into airplane mode wasn’t a search. The name “Red” was seen on the screen. There was independent probable cause for the cell phone warrant. United States v. Hudson, 2025 U.S. Dist. LEXIS 14952 (E.D. Mo. Jan. … Continue reading

Posted in Cell phones, Independent source, Inventory, Plain view, feel, smell, Search | Comments Off on E.D.Mo.: Putting def’s cell phone into airplane mode wasn’t a search

AR: “[T]he exclusionary rule—absent a showing of bad faith—does not apply in a revocation hearing.”

“[T]he exclusionary rule—absent a showing of bad faith—does not apply in a revocation hearing.” Wallace v. State, 2025 Ark. App. 19 (Jan. 15, 2025). An officer on patrol in a motel parking lot saw defendant’s car. They drove past each … Continue reading

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CA1: Report of a dead body in a house for a day didn’t justify warrantless entry

The police entered defendant’s home on a report of a dead body inside. They knew, however, the person was dead at least a day and likely wasn’t inside the home by then. The emergency exception did not apply. United States … Continue reading

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M.D.Pa.: Despite state MMJ, smell of MJ still PC under federal law

Despite medical marijuana being legal in this state, the smell of marijuana from a car is still probable cause under federal law. United States v. Skouras, 2025 U.S. Dist. LEXIS 10 (M.D. Pa. Jan. 2, 2025):

Posted in Conflict of laws, Plain view, feel, smell, Probable cause | Comments Off on M.D.Pa.: Despite state MMJ, smell of MJ still PC under federal law

CA5: Where 4A claim undecided below, it doesn’t form basis for stay

In the appeal of Texas Top Cop Shop, Inc. v. Garland, posted here, the Fifth Circuit doesn’t rely on the undecided Fourth Amendment claim in deciding on a stay. 2024 U.S. App. LEXIS 32565 (5th Cir. Dec. 23, 2024).* The … Continue reading

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NC: Knock-and-talk led to smell of MJ and attempt to bar the door, and that was exigency

The officer came to defendant’s door for a knock-and-talk about marijuana sales, and, when the door was opened, he could smell marijuana. Defendant shut the door and attempted to put a bar up to block access, and that was all … Continue reading

Posted in Automobile exception, Emergency / exigency, Knock and talk, Plain view, feel, smell, Protective sweep | Comments Off on NC: Knock-and-talk led to smell of MJ and attempt to bar the door, and that was exigency

CA2: Plain view seizure of cell phone established by officers’ knowledge of role of cell phones in crime

The evidentiary value of a cell phone for plain view was established here because, when officers saw the phone, they’d been investigating a conspiracy involving cell phone for months. United States v. Kurland, 2024 U.S. App. LEXIS 32177 (2d Cir. … Continue reading

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IL: Smell of raw cannabis from car in a recreational state is still PC

“In sum, we hold that the odor of raw cannabis coming from a vehicle being operated on an Illinois highway, alone, is sufficient to provide police officers, who are trained and experienced in distinguishing between burnt and raw cannabis, with … Continue reading

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E.D.Wis.: Ptf’s claim judge’s signature on SW was forged fails for not even alleging there was a search

“The plaintiff similarly alleges that Miller forged a judge’s signature on a search warrant. But he does not say anything else about this search warrant. Did law enforcement execute the search warrant? What, or where, did they search? Did they … Continue reading

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MO: Plain error doesn’t revive a waived search claim

Defendant didn’t object pretrial or at trial to the search, and he can’t argue plain error now. State v. Lane, 2024 Mo. App. LEXIS 837 (Nov. 19, 2024). The finding defendant was stopped because of a seatbelt violation is not … Continue reading

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PA: Merely reaching in car to secure gun in plain view was reasonable under state’s more stringent automobile exception

It was reasonable for the officer to reach in an open door and secure a gun seen in plain view under Pennsylvania’s more stringent automobile exception. Commonwealth v. Saunders, 2024 Pa. LEXIS 1734 (Nov. 20, 2024) (and there’s three opinions; … Continue reading

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D.Mont.: Off-roading during fire restriction was RS

Reasonable suspicion and a park violation: “Accordingly, Sergeant Call’s 11 years of experience in Park County coupled with his knowledge of state and county law gave him reason to suspect that Mitchell was potentially engaged in criminal conduct—namely, trespassing and … Continue reading

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Reason: Dallas Voters Nix an All-Purpose Excuse for Police Harassment: ‘I Smelled Marijuana’

Reason: Dallas Voters Nix an All-Purpose Excuse for Police Harassment: ‘I Smelled Marijuana’ by Jacob Sullum (“The ballot initiative says a whiff of weed does not establish probable cause for a search or seizure, which was already doubtful in light … Continue reading

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FL1: Lack of candor in appeal brief earns admonition

Affirmed per curiam. The concurring opinion: The facts concerning the stop and search in the appeal brief demonstrate a serious lack of candor which the state didn’t even challenge. All counsel included was his cross-examination and omitted the state’s direct … Continue reading

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W.D.Pa.: Use of coarse language during prison strip search didn’t make it unreasonable

Prison strip search was not unconstitutional. “Shepard has failed to allege facts to support that the November 2022 search was unreasonable. She acknowledges that such searches are routinely conducted before an inmate leaves the correctional institution for outside medical appointments. … Continue reading

Posted in Ineffective assistance, Plain view, feel, smell, Prison and jail searches, Strip search | Comments Off on W.D.Pa.: Use of coarse language during prison strip search didn’t make it unreasonable

S.D.Ill.: Merely possessing a firearm in a high crime area is not RS

The officer putting a gun to defendant’s head while he was in line at a convenience store was an arrest. Just having a gun on you in Illinois is no longer a crime. “But there was no swiftly developing situation … Continue reading

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S.D.Ohio: SW for def’s address produced documents related to another address of his which were lawfully seized

“[T]he Court agrees with Moore that papers listing the 3151 Gobel address that were taken from the 3100 Vienna Woods address fall outside the scope of the search warrant’s plain language. … But that does not end the inquiry as … Continue reading

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D.Minn.: No need to test a roach for PC, plus def admitted what it was

“During the stop, Mr. Winston himself confirmed that the roaches were marijuana; his possession charge, however, is not based on them. There was thus no reason to test the roaches to confirm the presence of marijuana. The failure on the … Continue reading

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D.N.H.: Federal case can rely on state SW

Defense counsel was not ineffective for not challenging the search warrant in his federal case that was issued by a state court judge because it wouldn’t win. Lessard v. United States, 2024 U.S. Dist. LEXIS 180669 (D.N.H. Oct. 3, 2024).* … Continue reading

Posted in Due process, F.R.Crim.P. 41, Informant hearsay, Plain view, feel, smell, Reasonableness | Comments Off on D.N.H.: Federal case can rely on state SW