Category Archives: Plain view, feel, smell

OH5: Drone flyover found car hidden in def’s open fields

Defendant owned a vehicle police suspected was involved in an accident, and suspected it was hidden on his somewhat rural property. They used a drone to fly over the property seeing what was likely the car and then got a … Continue reading

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OH3: Look behind refrigerator during exigent entry was inadvertent plain view

The warrantless entry into defendant’s house was justified by the exigency of a child allegedly in peril, which was not in dispute. While waiting for paperwork to be completed, one officer could see slightly behind the refrigerator and saw packaged … Continue reading

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OH5: EMT wasn’t state actor for 4A purposes in detaining def

A paramedic kept defendant from driving after an accident because defendant was too impaired to drive. That was not a government seizure, even if the paramedic was a state actor. State v. Cruz, 2023-Ohio-794, 2023 Ohio App. LEXIS 760 (5th … Continue reading

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MA: Crack pipe seen in plain view of passenger compartment justifies search of whole car

“The question presented by this appeal is whether a State trooper’s plain view observation of a used crack pipe in a motor vehicle provides probable cause for a warrantless search of the entire vehicle for contraband drugs. Concluding that it … Continue reading

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OH6: Officer coming to front door to knock who pauses to listen to voices inside doesn’t violate 4A

On a DV call, the officer approached the front door of defendant’s house to knock, but he paused to listen to voices inside. That listening before knocking was not an unreasonable search. State v. Kunkle, 2023-Ohio-661, 2023 Ohio App. LEXIS … Continue reading

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S.D.Miss.: Acting “shifty” during a stop justified patdown for officer safety

The patdown here was reasonable for officer safety because defendant was known to associate with firearms, wore baggy clothing that could have concealed a firearm, and he was acting “shifty” and “favoring his pockets.” United States v. Gillin, 2023 U.S. … Continue reading

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OH8: Not following up on obvious window tint violation didn’t make stop for that unreasonable

The officer reasonably believed the car’s tint violated the law because he literally could not see in it. The fact he didn’t follow up more on that doesn’t make it pretext. State v. McDonald, 2023-Ohio-464, 2023 Ohio App. LEXIS 444 … Continue reading

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W.D.N.C.: Frisk by security at a bar was purely private search

Defendant was frisked by security entering a bar, and a gun was found. They kept it for the police. This was purely a private search. United States v. Wood, 2023 U.S. Dist. LEXIS 16555 (W.D.N.C. Feb. 1, 2023). The district … Continue reading

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VA: Statute passed one year after search that smell couldn’t be basis didn’t apply retroactively

A statute passed a year after this search that the odor of marijuana was no longer probable cause didn’t apply retroactively here. It says “in violation of this statute,” so that’s prospective only. Loeper v. Commonwealth, 2023 Va. App. LEXIS … Continue reading

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IL: Even with recreational MJ, smell in a car can provide PC; pre-rec precedent adhered to

Even with recreational marijuana, it has to be transported in odor proof containers, and that means the smell of marijuana remains probable cause in Illinois. People v. Hall, 2023 IL App (4th) 220209, 2023 Ill. App. LEXIS 12 (Jan. 25, … Continue reading

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M.D.Ga.: Officer isn’t obliged to mention he could smell marijuana coming from the car

An officer smelling marijuana in a car isn’t obliged to tell the motorist he could for it to be true. United States v. Perkins, 2023 U.S. Dist. LEXIS 10564 (M.D. Ga. Jan. 19, 2023). At worst, the officer’s false statement … Continue reading

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IL: Officers executing SW lawfully seized gun in plain view

The trial court erred in suppressing evidence. The officers were lawfully on the premises with a warrant when a gun was seen in plain view. People v. Serrato, 2023 IL App (2d) 220100, 2023 Ill. App. LEXIS 3 (Jan. 6, … Continue reading

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CA6: Plastic bag on car console wasn’t obviously “dope” to justify automobile exception

The government argued that the search of defendant’s car was justified by the automobile exception because contraband was in plain view. The court disagrees. There was a plastic bag on the console, and the photographic evidence from inside the car … Continue reading

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W.D.Okla.: Validity of a stop doesn’t depend on whether a traffic offense actually happened, just whether there is RS it did

“[T]he constitutionality of the stop does not depend on whether the driver did, in fact, commit a traffic violation. The standard is reasonable suspicion of wrongdoing. If an officer reasonably thinks he saw a driver commit a traffic infraction, then … Continue reading

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CA3: SOL for arrest and search under § 1983 runs from then

The SOL begins with plaintiff’s arrest and search, not the prosecution. Here it was time-barred. (Plaintiff also doesn’t establish any grounds for equitable tolling other than the library was inaccessible during Covid, and he did nothing for over two years.) … Continue reading

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Cal.2: MJ smell associated with minors still RS for an offense

Officers ran an LPN and saw that the vehicle had expired tags. Driving next to the car, officers smelled burnt marijuana and knew that the users were minors which is still an offense under California law. That was cause for … Continue reading

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CA6: Common law rule that misd must be in presence of officer for warrantless arrest not part of 4A

The common law rule of a misdemeanor offense needing to be in the presence of the officer to be a basis for an arrest is not considered part of the Fourth Amendment. “And our court has held that the offense … Continue reading

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OH: Opening car door was to secure uncooperative def, not search; plain view valid

Opening the car door was not for the purpose of searching; it was to secure the uncooperative defendant. During the interaction, evidence in plain view was seen and the officer then could enter the car to secure it. State v. … Continue reading

Posted in Inevitable discovery, Mail and packages, Plain view, feel, smell, Qualified immunity, Search, Standing | Comments Off on OH: Opening car door was to secure uncooperative def, not search; plain view valid

Cal.3d: Parole search of glove compartment of car where parolee was backseat passenger was unreasonable

The parole search of a car’s glove compartment because of a parolee backseat passenger was unreasonable. Because the glove compartment was locked, it wasn’t possible for the key in the ignition to be used to unlock it while the vehicle … Continue reading

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E.D.Mich.: Parole search can occur when parolee not home

Defendant was on state parole living with his girlfriend, also a defendant. They were out and her mother was their babysitter in the home. Parole came by for a compliance check. The mother let them in. First, the search was … Continue reading

Posted in Emergency / exigency, Plain view, feel, smell, Probation / Parole search, Reasonable expectation of privacy | Comments Off on E.D.Mich.: Parole search can occur when parolee not home