Category Archives: Plain view, feel, smell

GA: Looking at CP while sitting in a car is PC for the device and car

Defendant was seen in his car looking at child pornography on his cell phone. That gave the police probable cause to enter to seize the phone. They later got a search warrant for it. State v. Palacio-Gregorio, 2021 Ga. App. … Continue reading

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IN: With three people in the vehicle faint smell of MJ wasn’t as to this def

Some smell of marijuana in car with three people didn’t establish probable cause without the officer being able to say it came from defendant’s person. I.G. v. State, 21A-JV-479 (Ind. App. Sept. 10, 2021). Defendant ran from a fight in … Continue reading

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DE: Officer’s vague and untimely ID of MJ wasn’t PC here

Officer’s vague and untimely identification of the odor of marijuana was not probable cause in itself on the totality of these circumstances. Juliano v. State, 320, 2019 (Del. Sept. 10, 2021):

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IN: Training of smell of MJ enough for PC

The distinctive smell of marijuana is enough for probable cause, and the officer’s training is enough to tell it. Bunnell v. State, 2021 Ind. LEXIS 545 (Sept. 2, 2021):

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CA9: Govt proved inevitable discovery of victims despite suppressing search of motel room

The officers’ investigation had progressed enough to have embarked on a course to readily identify defendant’s victims before the illegal search of the motel room. The government proved inevitable discovery. In addition, this wasn’t so flagrant, despite the granting of … Continue reading

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CA9: Supervised release electronic search condition not shown to have nexus to purposes of SR

“We nevertheless vacate the suspicionless search condition because the district court ordered suspicionless searches of Leonard’s ‘electronic devices and their data, including cell phones, computers, and electronic storage media’ without making ‘a properly supported factual finding’ that ‘establish[es] some nexus … Continue reading

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NY4: Smell of PCP alone is PC

“New York is no outlier on this issue. Indeed, as far as we can discern, every single court in the United States to ever consider this precise issue has come to the same conclusion as Darby and Sanchez: a trained … Continue reading

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D.S.C.: Def can’t get discovery of all SW affidavits from officer for 2 1/2 years

Defendant does not get discovery of every search warrant affidavit over the last 2½ years prepared by the detective in this case. “Defendant has offered no justification for the request of all affidavits prepared by Detective Jackson over the last … Continue reading

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N.D.Ohio: Smell of MJ on def’s person not PC to search his car

The officer had no suspicions of defendant before drawing his gun on him. The smell of marijuana on defendant’s person, but not his car, was not probable cause for a search of the car. The officer testified he was quite … Continue reading

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Cal.3d: DNA obtained from def’s arrest in another unprosecuted case could be used to link him to a prior murder

Defendant’s DNA obtained from an arrest with probable cause but where he wasn’t formally charged could be used to link him to a prior murder, relying on Maryland v. King. People v. Roberts, 2021 Cal. App. LEXIS 692 (3d Dist. … Continue reading

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N.D.Ga.: Cell phone lock screen is in plain view

On a cell phone, “information that simply appears on a lock screen, without requiring digital entry, is in plain view.” United States v. Blair, 2021 U.S. Dist. LEXIS 156445 (N.D.Ga. Aug. 18, 2021). Defendant didn’t have a reasonable expectation of … Continue reading

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W.D.N.Y.: Govt’s failure to raise GFE before USMJ is waiver

Government waived the good faith exception by not raising it before the USMJ. United States v. Stearns, 2021 U.S. Dist. LEXIS 154919 (W.D.N.Y. Aug. 17, 2021). The trial court didn’t make sufficient findings on whether a handgun in plain view … Continue reading

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N.D.Ohio: Picking up gun to check SN to run it was not a valid plain view

Picking up defendant’s firearm to see the serial number to check if it was stolen was a search, and it was without probable cause. Obviously, not all guns are stolen. After that, the officer determined that defendant was a felon … Continue reading

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N.D.Miss.: Rubberstamping no-knock SWs not a basis for suppression

Defendant’s contention is that the warrant issuing judge issues no-knock warrants without question is not shown to be a basis to suppress under Hudson v. Michigan. The remedy is a 1983 action. United States v. Bryant, 2021 U.S. Dist. LEXIS … Continue reading

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W.D.La.: Court credits testimony officer could smell MJ as def’s vehicle drove by

“Corporal Moak testified that he smelled the odor of marijuana coming from the vehicle when he passed it on a narrow street. After the traffic stop was initiated and Moak approached the vehicle, he detected the ‘overwhelming’ odor of marijuana … Continue reading

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E.D.Mo.: Flight is part of the RS calculus

Defendant fled from a police stop, and he wasn’t seized until the police laid hands on him. The hunch he was carrying a gun was correct. “First, as Officer Nash was attempting to exit his marked police car to engage … Continue reading

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E.D.Wis.: Citing forfeiture seizure statute in SW application and warrant doesn’t require forfeiture, too

The government sought a search warrant under Rule 41 and also cited the forfeiture seizure statute, 18 U.S.C. § 983. Failure to seek forfeiture doesn’t void the search. United States v. Palma, 2021 U.S. Dist. LEXIS 137870 (E.D.Wis. May 27, … Continue reading

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DC: Petr’s debit card records are basic third-party records under Miller and aren’t protected under Carpenter

Debit card financial records are basic third party records, like the bank records in Miller, and Carpenter offers no protection to the petitioner despite his claim of privacy interest in the information. And, if it did, the good faith exception … Continue reading

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D.P.R.: Passing reference to a 4A violation in motion to suppress doesn’t preserve it

Passing reference to a Fourth Amendment violation isn’t enough to preserve the issue. United States v. Polaco-Hance, 2021 U.S. Dist. LEXIS 132937 (D.P.R. July 16, 2021). There was probable cause for the search of defendant’s car under the warrant. A … Continue reading

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W.D.Wash.: Def’s arrest away from the place of search was justified by PC

There was probable cause for defendant’s arrest away from the place of execution of the search warrant (Summers and Bailey). United States v. Pelayo, 2021 U.S. Dist. LEXIS 126671 (W.D. Wash. July 7, 2021). When defendant opened his door, the … Continue reading

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