Category Archives: Plain view, feel, smell

CA8: When a gun is seized in a business, govt must show justification; here it failed to show officer safety was an issue. A gun on a shelf in a business is not exigency per se.

An undercover officer entered a tattoo parlor looking for a “person of interest” in an unrelated case. A gun was seen on a shelf in the “work area.” Officers came back. Customers were allowed in the “work area” by invitation … Continue reading

Posted in Emergency / exigency, Plain view, feel, smell | Comments Off

W.D.Ky.: Laptop in car was in plain view for seizure where there was PC it contained evidentiary information

Defendant’s laptop was in plain view when it was seized from his car when defendant was arrested because the police believed that stolen credit card information would be on it. United States v. Prado, 2017 U.S. Dist. LEXIS 111954 (W.D. … Continue reading

Posted in Computer searches, Plain view, feel, smell | Comments Off

D.P.R.: Protective sweep of garage and upstairs was valid; plain view sustained, but search of closed bag suppressed

“[T]he court finds that extending the protective sweep to the garage and the second floor was within the bounds set forth by the Supreme Court in Buie and the First Circuit in United States v. Winston, 444 F.3d 115, 120 … Continue reading

Posted in Plain view, feel, smell, Protective sweep, Reasonable suspicion, Scope of search | Comments Off

LA4: No right to a Miranda warning when consent sought for DNA swab

Taking DNA by a buccal swab is a search, but defendant doesn’t have a right to a Miranda warning when consent is sought. State v. Cooper, 2017 La. App. LEXIS 1211 (La.App. 4 Cir. July 5, 2017). The seizure of … Continue reading

Posted in Cell phones, Consent, DNA, Plain view, feel, smell | Comments Off

TX1: Smell of MJ in car not found didn’t support search of pockets

The smell of marijuana coming from defendant’s car, never found in a search of the car, didn’t justify a search of his person while he was handcuffed and sitting on the curb. Meane v. State, 2017 Tex. App. LEXIS 5976 … Continue reading

Posted in Consent, Plain view, feel, smell, Probable cause | Comments Off

OH5: Plain view didn’t apply to a firearm where it wasn’t readily obvious it was stolen

The plain view doctrine did not apply because the firearm was not immediately apparent as incriminating evidence or contraband, and testimony at the suppression hearing established the officers could not readily identify the firearm as stolen. State v. Elschlager, 2017-Ohio-5545, … Continue reading

Posted in Plain view, feel, smell, Reasonable expectation of privacy | Comments Off

D.S.D.: Photos of defs didn’t match the description of officers where that was part of RS calculus; search suppressed

The USMJ credited the defendants on the reasonable suspicion for continuing the stop based on the photographs of the defendants after their arrest that didn’t match what the officer was relying on for their dress and jewelry. No reasonable suspicion, … Continue reading

Posted in Plain view, feel, smell, Reasonable suspicion | Comments Off

D.Conn.: SW for drugs in house supported plain view of gun under mattress

There was evidence linking defendant’s alleged drug offenses to his home, so the warrant for his home was justified. A drug search is intensive, and the gun found under a mattress was in plain view. United States v. Reyes, 2017 … Continue reading

Posted in Plain view, feel, smell, Scope of search, Standards of review | Comments Off

M.D.N.C.: SW for stolen tractor lawn mower didn’t support plain view in house of firearm

A search warrant for a stolen tractor lawn mower didn’t support a plain view in defendant’s house for alleged illegal firearms because they aren’t per se unlawful to possess. They could have been registered. United States v. White, 2017 U.S. … Continue reading

Posted in Franks doctrine, Plain view, feel, smell | Comments Off

MO: Stop requires RS but arrest requires PC

“Here, the trial court erred in requiring the Director to prove there was reasonable suspicion to justify stopping Williams’ vehicle. The Director was only required to prove there was probable cause to arrest Williams for driving in violation of an … Continue reading

Posted in Plain view, feel, smell, Probable cause, Reasonable suspicion | Comments Off