Category Archives: Plain view, feel, smell

D.Kan.: After entry to arrest parole absconder, the govt could rely on protective sweep, plain view, and plain smell doctrines to expand the entry

Officers had a parole absconder warrant to retake defendant. At his motel room door, they could smell marijuana inside. After the entry, the government could rely on protective sweep, plain view, and plain smell doctrines to expand the entry. Finally, … Continue reading

Posted in Arrest or entry on arrest, Plain view, feel, smell, Probation / Parole search | Comments Off

E.D.Cal.: A civil detainee has no REP in his cell, despite not being a convict

A civil commitment detainee has more rights than a convict in a jail, but still practically none in his living area from a search for alleged contraband. Warrior v. Santiago, 2018 U.S. Dist. LEXIS 22742 (E.D. Cal. Feb. 12, 2018). … Continue reading

Posted in Inevitable discovery, Plain view, feel, smell, Prison and jail searches | Comments Off

CA4 doesn’t have to decide circuit conflict of whether smell of MJ justifies search of trunk

The smell of marijuana in the passenger compartment and more about the stop and place of stop provided probable cause for search of the entire car, including the trunk. The court notes a circuit split of whether smell in the … Continue reading

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

D.Conn.: “observation of a small amount of marijuana not clearly labelled for medicinal use creates probable cause that evidence of illegal drug activity would be found within the car”

“Because Officer Diaz had reason to believe that a gun would be found within the Defendant’s car prior to the stop, his observation of a small amount of marijuana not clearly labelled for medicinal use creates probable cause that evidence … Continue reading

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

KS declines to decide whether odor of MJ on the person is PC because here there was more than just that

Defendant didn’t dim headlights and officers stopped the car suspecting inattentive driving. The smell of marijuana coming from the car was obvious. “We decline the State’s offer to embark on a new legal proposition that would allow Kansas law enforcement … Continue reading

Posted in Ineffective assistance, Plain view, feel, smell | Comments Off

D.Nev.: Despite legalization of recreational marijuana, smell of burnt marijuana in car is RS for detention for impaired driving

Despite the fact the Clark County DA announced they were no longer prosecuting ½ ounce or less marijuana cases along with voters adopting decriminalization of recreational marijuana, defendant’s detention for sleeping in his car in the middle of the Flamingo … Continue reading

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

OR: The fact there is some officer discretion in conducting an inventory doesn’t make it violate 4A

The Salem inventory policy requires inventory of closed containers that might have something valuable in them. In defendant’s backpack was a nylon case which the officer believed might contain a computer harddrive or a computer gaming device. The inventory was … Continue reading

Posted in Inventory, Plain view, feel, smell | Comments Off

OH8: Dog sniff that didn’t extend traffic stop at all because it was done by another officer was reasonable

The exclusionary rule applies to forfeiture actions (One 1958 Plymouth Sedan) despite the state’s argument. The dog sniff during the normal processing was part of the stop. “Police may conduct a canine sniff during the time that it takes to … Continue reading

Posted in Dog sniff, Plain view, feel, smell | Comments Off

MN: By living with a person on probation, one has a diminished REP in common areas

By choosing to live in the same house with a probationer, one has a diminished expectation of privacy in the common areas of one’s abode. In a probation search of the other occupant, defendant objected to the entry, but it … Continue reading

Posted in Plain view, feel, smell, Probation / Parole search | Comments Off

CA3: Frisk was justified by RS and plain feel of drugs resulted

The officer had reasonable suspicion to frisk defendant, and the drugs in his pocket were discovered by plain feel. United States v. Graves, 2017 U.S. App. LEXIS 25157 (3d Cir. Dec. 13, 2017). Smell of marijuana during a traffic stop … Continue reading

Posted in Informant hearsay, Plain view, feel, smell | Comments Off

S.D.Ga.: Def shooting victim’s clothes could be seized from ER floor as plain view or because of exigency

Defendant arrived at a hospital ER after he was shot. His clothing was cut off him and on the floor, and the officer’s seizure was valid because it was in plain view and had clear evidentiary value from blood and … Continue reading

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

CA5: Def’s girlfriend has actual authority to consent to a search even though she was moving out

“Valenzuela had actual authority to consent to the search, or at the very least, the officer had a reasonable belief she had common authority over the residence. E.g., United States v. Matlock, …; see also Illinois v. Rodriguez, …. Valenzuela … Continue reading

Posted in Apparent authority, Plain view, feel, smell | Comments Off