Category Archives: Plain view, feel, smell

D.Conn.: SW for drugs in house supported plain view of gun under mattress

There was evidence linking defendant’s alleged drug offenses to his home, so the warrant for his home was justified. A drug search is intensive, and the gun found under a mattress was in plain view. United States v. Reyes, 2017 … Continue reading

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M.D.N.C.: SW for stolen tractor lawn mower didn’t support plain view in house of firearm

A search warrant for a stolen tractor lawn mower didn’t support a plain view in defendant’s house for alleged illegal firearms because they aren’t per se unlawful to possess. They could have been registered. United States v. White, 2017 U.S. … Continue reading

Posted in Franks doctrine, Plain view, feel, smell | Comments Off

MO: Stop requires RS but arrest requires PC

“Here, the trial court erred in requiring the Director to prove there was reasonable suspicion to justify stopping Williams’ vehicle. The Director was only required to prove there was probable cause to arrest Williams for driving in violation of an … Continue reading

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CA2: Protective sweep leading to plain view doesn’t require immediate seizure

Police entered the apartment with an arrest warrant for one occupant and found four living there. A gun and drugs were in plain view. During a protective sweep, a gun and cell phone were found in defendant’s room. They weren’t … Continue reading

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TX14: Use of a spotlight on a boat was not a seizure

The use of a spotlight on a boat at night was not a seizure. Neale v. State, 2017 Tex. App. LEXIS 5008 (Tex. App. – Houston (14th Dist.) June 1, 2017):

Posted in Plain view, feel, smell, Seizure | Comments Off

IL: “Immediately apparent” for plain view really means “probable cause”

Product bar codes found in plain view in defendant’s car were seized with probable cause. Officers experienced in investigating retail theft from a Best Buy were investigating thefts that involved altered bar codes. “Immediately apparent” for plain view really means … Continue reading

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FL1: No REP in bloody clothes of shooting victim who came to ER: they were in plain view

Defendant was shot, and he showed up at an emergency room claiming he was the victim of a robbery. His bloody clothes were removed from him and bagged and on the floor. A police officer noticed the clothes and considered … Continue reading

Posted in Plain view, feel, smell, Reasonable expectation of privacy | Comments Off

WV: Defendant’s recorded consent shows it was valid

Defendant’s recorded consent shows it was valid. “he does not contest the voluntariness of the search and appears to take issue only with the extent of his voluntary consent. Petitioner’s consent to the search was recorded by law enforcement, and … Continue reading

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IA: Plain view of a baggie is enough to seize it without also knowing that there are drugs in it

Plain view of a plastic baggie is enough to seize it without also knowing that there are drugs in it. State v. Taylor, 2017 Iowa App. LEXIS 517 (May 17, 2017). Defendant’s speeding and his condition was reasonable suspicion for … Continue reading

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E.D.Pa.: Gun on person was in plain view during struggle with officer

The gun on defendant’s person was in plain view during the defendant’s struggle with the officer. United States v. Cann, 2017 U.S. Dist. LEXIS 68028 (E.D. Pa. May 3, 2017).* A witness claimed defendant was viewing child pornography on his … Continue reading

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