Category Archives: Plain view, feel, smell

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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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S.D.N.Y.: When police come to def’s house with arrest warrant, cotenant’s denial he’s home isn’t binding on officers

Officers had good information where defendant lived, and they came with an arrest warrant. His cotenant denied he was there, which the officers did not have to take at face value. One FBI agent testified that cotenants frequently lie about … Continue reading

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CA6: Video of controlled buy corroborated CI; fact drugs wasn’t mentioned doesn’t mean no PC

The CI’s story is confirmed by the audio and video of the following controlled buy. Defendant’s claim that the money could have been paid for something else doesn’t undermine the probable cause. “Here, despite no explicit discussion of drugs, put … Continue reading

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