Category Archives: Plain view, feel, smell

WA: Blood was apparent in plain view on def’s clothing in hospital room

“¶1 David Morgan was convicted by a jury of first degree assault, attempted murder, and arson. A bloodstain pattern analysis performed on his clothing suggested he was in close proximity to the victim when she suffered her injuries. We must … Continue reading

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AZ: Smoking MMJ in a parked car on a commercial lot is “public”

Smoking medical marijuana in a car in a commercial parking lot is public enough that it violates the AMMA to do so. While a car has some privacy, anything visible isn’t. Following People v. Carlton, 880 N.W.2d 803 (Mich. Ct. … Continue reading

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E.D.N.Y.: Computer search for CP can lead to legitimate plain view

In a computer search for child pornography, reviewing the computer files can easily lead to a plain view. “The agents were permitted to ‘engage in a cursory review of files [in the folder dated 2005], by opening them, to determine … Continue reading

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CA11 (en banc): Frisk in high crime area at 4 am produced ammunition and empty holster by plain feel

A frisk at 4 am in a high crime area was not only justified, it produced one round of ammunition and an empty holster by plain feel. That led to a search of the ground that produced the firearm. The … Continue reading

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D.Me.: Absent room renter could consent to search of motel room def was alone in under Randolph

Defendant was the sole occupant of his hotel room, and the absent renter consented to the search. That consent was binding on defendant under Randolph. It wasn’t ineffective assistance of counsel for defense counsel to fail to argue for an … Continue reading

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LA1: Plain view during a probation “compliance check” is valid

Plain view during a probation “compliance check” is valid. State v. Cheramie, 2019 La. App. LEXIS 576 (La. App. 1 Cir. Apr. 5, 2019). Defense counsel filed a motion to suppress which was heard and denied. He then pled guilty. … Continue reading

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N.D.Ga.: Even if Carpenter applies to a cell phone tower dump, the GFE applies

Even if Carpenter applies to cell phone tower dumps, which isn’t a certainty, the good faith exception applies. United States v. Pendergrass, 2018 U.S. Dist. LEXIS 222190 (N.D. Ga. Sept. 11, 2018), later opinion on reconsideration, 2019 U.S. Dist. LEXIS … Continue reading

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D.Nev.: The fact the officers claimed to smell marijuana but didn’t find any doesn’t mean they were lying

It was testified that the car smelled like burnt marijuana. The fact none was found doesn’t indicate that officers were lying. United States v. Davila, 2019 U.S. Dist. LEXIS 42805 (D. Nev. Jan. 31, 2019),* adopted, 2019 U.S. Dist. LEXIS … Continue reading

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D.N.J.: Suggestion def look in console for insurance papers revealing a gun in plain view wasn’t a search

During defendant’s stop, he couldn’t find his insurance papers. Defendant rummaged through papers here and there. The officer suggested defendant look in the center console again, and this time the officer saw a gun. The suggestion he look in the … Continue reading

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D.D.C.: Knotted plastic bag of drugs in waistband was in plain view

Defendant was stopped for a traffic offense, and his tinted windows were way too dark and the officer couldn’t see inside. Defendant was told to lower the window, and he did. The officer could immediately see a knotted plastic bag … Continue reading

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W.D.Mo.: Reaching in def’s car to turn it off wasn’t a search, and plain view of a gun proper

Defendant’s stop was reasonable because the LPN didn’t match the vehicle. His reaching in the car to turn off the ignition was not a search. “As Officer Jenkins was backing out of the vehicle, she looked down and saw what … Continue reading

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DE: Baggie of drugs hanging from pocket during valid traffic stop was in plain view

Defendant’s furtive movement in the truck when he was stopped was justification for ordering him out of it. The baggie of drugs hanging out of his pocket was then in plain view. Backus v. State, 2019 Del. LEXIS 32 (Jan. … Continue reading

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