Category Archives: Plain view, feel, smell

W.D.Tenn.: Seizure of clothing from hospital room floor was justified by plain view

Seizure of defendant’s clothing from a hospital room floor was justified by the plain view doctrine. United States v. Clancy, 2019 U.S. Dist. LEXIS 8471 (W.D. Tenn. Jan. 17, 2019). City inspectors entering into public business areas did not violate … Continue reading

Posted in Plain view, feel, smell, Reasonable expectation of privacy | Comments Off on W.D.Tenn.: Seizure of clothing from hospital room floor was justified by plain view

N.D.Ga.: Clothing as evidence in plain view can be seized whether from a suspect or victim

Defendant’s clothing was properly seized under the plain view doctrine whether he was a suspect or a victim. Defendant also didn’t have standing in the car involved because it wasn’t his. United States v. Hood, 2019 U.S. Dist. LEXIS 5357 … Continue reading

Posted in Plain view, feel, smell, Prison and jail searches | Comments Off on N.D.Ga.: Clothing as evidence in plain view can be seized whether from a suspect or victim

NE: Smell of MJ from a car is PC to search it

Defendant’s driving alleged nearly caused an accident with a state trooper and another car, so he stopped it. The smell of marijuana was coming from the car, and that was probable cause for a search of the car. State v. … Continue reading

Posted in Plain view, feel, smell | Comments Off on NE: Smell of MJ from a car is PC to search it

IA: Def answered door in underwear with apparent semen stains; police there with SW for sex abuse with minors

Defendant was under investigation for sexual abuse of minors. “[T]he police went to Heggebo’s house to execute a search warrant. Heggebo answered the door wearing only shorts. The police seized Heggebo’s shorts because the shorts had apparent semen stains on … Continue reading

Posted in Cell site location information, Good faith exception, Plain view, feel, smell | Comments Off on IA: Def answered door in underwear with apparent semen stains; police there with SW for sex abuse with minors

IL: Fatal accident alone not PC for blood draw; no exigency argued either

Just because defendant was involved in a fatal accident where his passenger died, there wasn’t probable cause for a blood draw. The state did not argue exigent circumstances below or on appeal, but that would also require probable cause. People … Continue reading

Posted in Drug or alcohol testing, Emergency / exigency, Plain view, feel, smell | Comments Off on IL: Fatal accident alone not PC for blood draw; no exigency argued either

IA: Stolen tractor tires were visible from the curtilage and entry permitted

Defendant was suspected of possession of stolen property. Police came to his rural property to talk to him where he was self-employed working on tractors in back. He had a circular driveway. From the driveway they could see the outbuildings … Continue reading

Posted in Curtilage, Plain view, feel, smell, Stop and frisk | Comments Off on IA: Stolen tractor tires were visible from the curtilage and entry permitted

W.D.Mo.: Dropping gun just before arrest treated as abandonment [?]

A firearm that fell from defendant’s pants as he was being arrested and getting out of a car was treated as abandoned. United States v. Franklin, 2018 U.S. Dist. LEXIS 197783 (W.D. Mo. Nov. 20, 2018). I have to disagree … Continue reading

Posted in Abandonment, Plain view, feel, smell | Comments Off on W.D.Mo.: Dropping gun just before arrest treated as abandonment [?]

OH2: Plain view of drugs through screen door justified entry

Officers came to an apartment with an arrest warrant. When the door inside was opened, they could see drugs in plain view within five feet of the door. It was reasonable for them to open the screen door to preserve … Continue reading

Posted in Emergency / exigency, Plain view, feel, smell | Comments Off on OH2: Plain view of drugs through screen door justified entry

KS: Pushing a button on a cell phone to light up screen was not a plain view; suppression affirmed

Defendant was involved in a fatal car accident, and the officer at the scene allegedly saw the screen of the cell phone in plain view showing texting at the time of the accident. While two U.S. District Court cases support … Continue reading

Posted in Cell phones, Plain view, feel, smell | Comments Off on KS: Pushing a button on a cell phone to light up screen was not a plain view; suppression affirmed

FL1: Collective knowledge applies to affidavit for SW in CP case

The affiant on a child pornography search warrant doesn’t have to personally view the material. He can relate what another officer said who did see it under the collective knowledge doctrine. Mardosas v. State, 2018 Fla. App. LEXIS 14012 (Fla. … Continue reading

Posted in Collective knowledge, Plain view, feel, smell | Comments Off on FL1: Collective knowledge applies to affidavit for SW in CP case

S.D.N.Y.: Protective sweep led to plain view of firearm and cell phone

During a protective sweep, a firearm and cell phones were seen, and a search warrant was later issued for the firearm. His cell phone was in plain view and seized when defendant was arrested. The officers came back for the … Continue reading

Posted in Plain view, feel, smell, Protective sweep | Comments Off on S.D.N.Y.: Protective sweep led to plain view of firearm and cell phone

E.D.Tenn.: There was no overseizure of marijuana on the search; it was in plain view

Defense counsel wasn’t ineffective for not objecting to the alleged overseizure of marijuana. Once police were on the property with a validly issued warrant, all the marijuana was seizable because it was in plain view. Green v. United States, 2018 … Continue reading

Posted in Overseizure, Plain view, feel, smell | Comments Off on E.D.Tenn.: There was no overseizure of marijuana on the search; it was in plain view