Category Archives: Plain view, feel, smell

CA3: Frisk was justified by RS and plain feel of drugs resulted

The officer had reasonable suspicion to frisk defendant, and the drugs in his pocket were discovered by plain feel. United States v. Graves, 2017 U.S. App. LEXIS 25157 (3d Cir. Dec. 13, 2017). Smell of marijuana during a traffic stop … Continue reading

Posted in Informant hearsay, Plain view, feel, smell | Comments Off

S.D.Ga.: Def shooting victim’s clothes could be seized from ER floor as plain view or because of exigency

Defendant arrived at a hospital ER after he was shot. His clothing was cut off him and on the floor, and the officer’s seizure was valid because it was in plain view and had clear evidentiary value from blood and … Continue reading

Posted in Emergency / exigency, Plain view, feel, smell | Comments Off

CA5: Def’s girlfriend has actual authority to consent to a search even though she was moving out

“Valenzuela had actual authority to consent to the search, or at the very least, the officer had a reasonable belief she had common authority over the residence. E.g., United States v. Matlock, …; see also Illinois v. Rodriguez, …. Valenzuela … Continue reading

Posted in Apparent authority, Plain view, feel, smell | Comments Off

OH8: Anonymous call about drug dealing from car led officers to defendants; smell of burning MJ led to valid search of car

The officer received an anonymous call about drug deals being done from a car in a shopping center parking lot. He pulled up to a parked car to check it out and it was occupied and smelled of burning marijuana. … Continue reading

Posted in Plain view, feel, smell, Reasonable suspicion | Comments Off

OH12: 911 call about overdose brought narcs and EMS; entry justified and plain view sustained

Defendant was making methamphetamine in his garage, and he overdosed on heroin. His mother found him and called 911. A narcotics officer arrived shortly before EMS, and he saw defendant on the floor with a used syringe near him. EMS … Continue reading

Posted in Emergency / exigency, Plain view, feel, smell | Comments Off

W.D.Mo.: Knock-and-announce didn’t apply to an open door; plain view reasonable, but wife’s consent was vitiated by threat of jail if she didn’t sign form

Officers came to defendant’s house both on a call about the welfare of children living there and with a pre-existing warrant for defendant’s arrest. They encountered one of the children outside taking trash to the street and determined that defendant … Continue reading

Posted in Consent, Knock and announce, Plain view, feel, smell | Comments Off

OH12: Def’s petition for discretionary review dismissed for failure to file briefs leaves appellate result intact

The trial court suppressed but the court of appeals reversed. The supreme court granted discretionary review, but it was dismissed for defendant’s failure to file a brief. The case was remanded back to the trial court, and the appellate reversal … Continue reading

Posted in Plain view, feel, smell, Standards of review | Comments Off

NY4: Officers rearranged things to photograph them during a consent entry and plain view didn’t vitiate the PC

Defendant’s wife called 911 to report a possible burglary, and police were invited in. In the house they did a protective sweep, and they saw likely evidence of dogfighting: a caged injured dog, a treadmill modified for dogs “and apparent … Continue reading

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

CA6: Auto exception continues to place of inventory; heroin found by plain feel

Defendant’s car was pulled over for a missing license plate and overtinting. The “plain” smell of marijuana was evident, and he was removed from the car for a patdown. The patdown revealed heroin by plain feel, which was valid. The … Continue reading

Posted in Automobile exception, Plain view, feel, smell | Comments Off

TX14: Private search in Texas not subject to statute exclusionary rule

Defendant’s girlfriend accessed his cell phones: his Android wasn’t password protected but his iPhone was but she knew the password. This was a private search, and the Texas statutory exclusionary rule doesn’t apply. Thomas v. State, 2017 Tex. App. LEXIS … Continue reading

Posted in Exclusionary rule, Plain view, feel, smell, Private search | Comments Off