Category Archives: Plain view, feel, smell

TX14: The exclusionary rule does not apply to drug testing in a termination of parental rights case

The exclusionary rule does not apply to drug testing in a termination of parental rights case. In the Interest of L.C.L., 2019 Tex. App. LEXIS 6018 (Tex. App. – Houston (14th Dist.) July 16, 2019). The smell of marijuana during … Continue reading

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IN: When AE applies, the fact def walked away from the car doesn’t prevent search

Where there was probable cause and the automobile exception applied, the fact defendant walked away from the vehicle didn’t prohibit its search. Cleveland v. State, 2019 Ind. App. LEXIS 316 (July 15, 2019). Defendant was apparently asleep parked in an … Continue reading

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CA7: Drug stakeout led to stumbling upon CP in plain view

Officers were in a park looking for a drug meet up. They incidentally noticed defendant’s car and his actions suggested he might be doing drugs. They approached him and smelled marijuana coming from the car, but he was in the … Continue reading

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FL3: A flash drive plugged into a work computer is subject to search as a part of the work computer

Defendant was employed by the Miami-Dade Police Department and worked in the armory. She was suspected of falsifying police reports to get her husband fired from his job. When investigators went to her work computer, her personal flash drive was … Continue reading

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D.S.D.: Contents of partially open box in post office was within plain view

A priority mail box was partially open and inadequately sealed in a post office on tribal lands. A baggie of apparent methamphetamine was visible inside. The post office called the tribal police, and that officer saw it too. This was … Continue reading

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LA3: “Defendant may not retreat to the curtilage of his home to avoid arrest.”

“Defendant may not retreat to the curtilage of his home to avoid arrest.” State v. Nolan, 2019 La. App. LEXIS 1085 (La. App. 3 Cir. June 12, 2019). The smell of marijuana was justification for search of defendant’s person. A … Continue reading

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CA6: State sanctioned blood draws of newborns and keeping the samples stated 4A claim

Plaintiffs stated a Fourth Amendment claim that the state took blood samples from children to check for diseases and then retained them in the Michigan Neonatal Biorepository. Remanded for further consideration. Kanuszewski v. Michigan Dept. of Health and Human Services, … Continue reading

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IA: Smell of MJ alone is PC for a search

“Iowa Supreme Court precedent holds that the odor of marijuana emanating from a person, by itself, when detected by a police officer, who has adequate knowledge and training to recognize the smell, constitutes probable cause. The district court incorrectly found … Continue reading

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WA: Blood was apparent in plain view on def’s clothing in hospital room

“¶1 David Morgan was convicted by a jury of first degree assault, attempted murder, and arson. A bloodstain pattern analysis performed on his clothing suggested he was in close proximity to the victim when she suffered her injuries. We must … Continue reading

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AZ: Smoking MMJ in a parked car on a commercial lot is “public”

Smoking medical marijuana in a car in a commercial parking lot is public enough that it violates the AMMA to do so. While a car has some privacy, anything visible isn’t. Following People v. Carlton, 880 N.W.2d 803 (Mich. Ct. … Continue reading

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E.D.N.Y.: Computer search for CP can lead to legitimate plain view

In a computer search for child pornography, reviewing the computer files can easily lead to a plain view. “The agents were permitted to ‘engage in a cursory review of files [in the folder dated 2005], by opening them, to determine … Continue reading

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CA11 (en banc): Frisk in high crime area at 4 am produced ammunition and empty holster by plain feel

A frisk at 4 am in a high crime area was not only justified, it produced one round of ammunition and an empty holster by plain feel. That led to a search of the ground that produced the firearm. The … Continue reading

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