Category Archives: Plain view, feel, smell

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

D.Idaho: RS for continuing a traffic stop can be based on a violation of probation conditions

Reasonable suspicion for continuing a traffic stop can be based on a violation of probation conditions, as was this one. United States v. Durr, 2018 U.S. Dist. LEXIS 157472 (D. Idaho Sep 15, 2018). Petition for writ of error coram … Continue reading

Posted in Plain view, feel, smell, Probation / Parole search | Comments Off on D.Idaho: RS for continuing a traffic stop can be based on a violation of probation conditions

FL4: Florida law requires the officer claiming plain feel has to show his or her knowledge supports the apparent likelihood of drugs

“Here, the state failed to elicit evidence regarding the officer’s experience with drug containers and his prior use of tactile perception to identify contraband. The officer did not feel any plantlike material in T.T.’s pants. Moreover, he did not testify … Continue reading

Posted in Plain view, feel, smell | Comments Off on FL4: Florida law requires the officer claiming plain feel has to show his or her knowledge supports the apparent likelihood of drugs

MA: Officer’s observation of text message just received on a screen of seized cell phone was admissible

Defendant was arrested after the police observed a buy and defendant fled and was arrested. Officers took his phone off of him but hadn’t searched it. While the officer was at the police station, the phone received a text message, … Continue reading

Posted in Cell phones, Plain view, feel, smell | Comments Off on MA: Officer’s observation of text message just received on a screen of seized cell phone was admissible

GA: Trial court failed to consider state’s alternative ground to sustain search; remanded

Defendant filed a motion to suppress and that put the state on notice that it had to prove the ordinance under which it prosecutes. The state failed to prove it up, but its backup argument was that the officer relied … Continue reading

Posted in Plain view, feel, smell, Reasonable suspicion | Comments Off on GA: Trial court failed to consider state’s alternative ground to sustain search; remanded

KY: SW not invalid because the color of door was wrong; finding gun during search for drugs not unreasonable

“Appellant specifically argues that the warrant was defective because it incorrectly described the front door to his residence as black when, in fact, the door was brown. Appellant’s first name was also misspelled in the warrant. However, neither of these … Continue reading

Posted in Particularity, Plain view, feel, smell, Warrant execution | Comments Off on KY: SW not invalid because the color of door was wrong; finding gun during search for drugs not unreasonable

W.D.Ark.: Sexually explicit Facebook chats from home IP address is PC for the home

Defense counsel couldn’t be ineffective for not challenging the search of defendant’s apartment because there was probable cause. Sexually explicit Facebook chats with a minor from one’s home IP address is probable cause for the home. United States v. Ram, … Continue reading

Posted in Nexus, Plain view, feel, smell, Probable cause | Comments Off on W.D.Ark.: Sexually explicit Facebook chats from home IP address is PC for the home

M.D.Ala.: Unmarked pill bottle with apparent crack in it was in plain view during protective sweep after arrest in house

Officers came in defendant’s house with an arrest warrant for cocaine delivery. During a protective sweep, an unmarked pill bottle was seen and picked up. It was immediately apparent to the officers that the contents was likely crack cocaine and … Continue reading

Posted in Arrest or entry on arrest, Plain view, feel, smell, Protective sweep | Comments Off on M.D.Ala.: Unmarked pill bottle with apparent crack in it was in plain view during protective sweep after arrest in house

TX1: Pill bottle in pocket wasn’t presumed to contain contraband; plain feel not valid

Defendant admits that he was validly stopped and patted down. The only question is whether the pill bottle removed from his pocket was subject to plain feel, and the court concludes it was not. It was obviously not a weapon, … Continue reading

Posted in Plain view, feel, smell | Comments Off on TX1: Pill bottle in pocket wasn’t presumed to contain contraband; plain feel not valid