Category Archives: Plain view, feel, smell

VA: Running the serial number of a seized firearm isn’t a “search”

When defendant got out of the car, the officer could see the butt of a gun sticking from his coat pocket, so a frisk was reasonable for officer safety. Looking at the serial number and then running it to see … Continue reading

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injusticewatch.org: Illinois Supreme Court to decide whether smell of pot is grounds to search a car

injusticewatch.org: Illinois Supreme Court to decide whether smell of pot is grounds to search a car by John Seasly (“With marijuana now legal in Illinois, the state high court heard arguments Tuesday on whether the smell of marijuana grants police … Continue reading

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E.D.Tenn.: Consent to protective sweep led to plain view of money under a bed

Defendant consented to a protective sweep, and, looking under a bed, the officer saw a duffle bag with money showing. That was a reasonable search. United States v. Stanton, 2020 U.S. Dist. LEXIS 778 (E.D. Tenn. Jan. 3, 2020).* “To … Continue reading

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CA11: Exclusionary rule doesn’t apply to revocation of supervised release; SCOTUS would so hold

The exclusionary rule does not apply to revocation of supervised release conditions. While SCOTUS hasn’t ruled on that precise question, its parole and probation search cases are a clear sign it will follow them there. United States v. Hill, 2020 … Continue reading

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CA9: Immigration arrest valid on “reason to believe” this person was an alien illegally in the U.S.

BIA petitioner’s rights were not violated because she can’t show her arrest was an egregious violation of the Fourth Amendment. “The fact that agents detained and arrested Echeverria without first establishing her identity and alienage is of no moment. All … Continue reading

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FL5: State doesn’t get GFE on Birchfield where it came down day before def’s stop

Birchfield came down day before defendant’s arrest, and good faith exception isn’t applied. “Although it is understandable that a police officer might be unaware of the holding of a controlling court opinion within a day or two of its issuance, … Continue reading

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IN: Frisk was justified by RS, but “ball” in pocket wasn’t plain feel

The officer was observing defendant and suspected he’d be engaged in a drug transaction. Finally there was a patdown, and in defendant’s pocket was a small ball of something, which the officer reached for. It was obvious it was not … Continue reading

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N.D.Tex.: Plea of guilty without plea agreement still waives 4A challenge

Defendant made a Fourth Amendment challenge then pled to the indictment without a plea agreement. He still waives his Fourth Amendment claim because he could have appealed. Dunbar v. United States, 2019 U.S. Dist. LEXIS 217464 (N.D. Tex. Nov. 14, … Continue reading

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E.D.Tenn.: Knock-and-talk wasn’t drawn out to become a seizure at def’s own door; good Franks example

That the knock-and-talk was too long drawn out to turn into a seizure is rejected. The officers testified they smelled marijuana at the door. “The Court finds Defendants’ next two contentions, that the officers’ ability to smell marijuana at the … Continue reading

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Two on plain view

The officer approached a parked car that a known felon was in, and he saw a gun. “Once Buchanan saw the firearm located on the floor in the rear passenger area where a known felon had just been sitting, he … Continue reading

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D.Kan.: Consent search of truck led to PC it was hauling a lot of cash; use of a drill then to try to find it was reasonable

Defendant was stopped and consented to a search of his truck. The consent search led to probable cause to believe the truck was transporting a lot of cash. Using a drill to find the cash was reasonable once there was … Continue reading

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N.D.Tex.: Not material to not mention def’s state of mind hours before the occurrence

Defendant claimed a Franks violation from the officer’s failure to include things that were true about defendant before things went south that night. It wasn’t material to defendant’s state of mind at the time of the occurrence. United States v. … Continue reading

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