Category Archives: Plain view, feel, smell

D.Neb.: The gov’t put def on notice standing was an issue, and def didn’t respond with proof; no standing

The government argued no standing. “Despite being on notice that standing was an issue, Defendant did not introduce evidence at the suppression hearing to establish his relationship to the property searched in this case.” Going to the merits anyway, defendant … Continue reading

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W.D.N.C.: 2255 is not the place to first litigate a suppression motion

2255 petitioner can’t raise his search and seizure claim via post-conviction relief where there was no effort to pursue the issue in the case on the merits. Even if he could, he’d lose on the merits of the search because … Continue reading

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MS: “Catch all” phrase in SW that permitted seizure of that which was found in plain view was merely a restatement of the plain view doctrine

A “catch all” phrase that permitted seizure of that which was found in the course of a valid search was merely a restatement of the plain view doctrine, and that doesn’t justify suppression. Defendant’s other scope of search claim was … Continue reading

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AF: Inevitable discovery validated finding CP while looking for text messages with minor

The search authorization was valid for text messages between defendant and a supposed 14-year-old girl. The AFOSI investigator found child pornography in what was thus found to be plain view. Even if, arguendo, the officer was looking for child pornography, … Continue reading

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W.D.N.Y.: SW was for drugs; a gun found was in plain view

The search warrant was for drugs and a gun was found. Guns are instruments of the drug trade. The warrant otherwise being valid, the finding of the gun was essentially in plain view. United States v. Pizarro, 2018 U.S. Dist. … Continue reading

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OH12: 911 call about OD permitted seizure of drugs and paraphernalia in plain view

Officers responded to a 911 call about an overdose. When they got in the house, drugs and paraphernalia were in plain view, and they could be seized. State v. Pettiford, 2018-Ohio-1015, 2018 Ohio App. LEXIS 1073 (12th Dist. Mar 19, … Continue reading

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TN: After def’s arrest for assault with a knife, the apparent weapon was seen in plain view in def’s car

Defendant had been arrested after a stop for aggravated assault with a knife. When the officer looked in the car to secure it, he saw a knife in plain view, and its seizure was reasonable. State v. Stanley, 2018 Tenn. … Continue reading

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OH8: A pill bottle search wasn’t plain view during execution of SW for firearms

The police had a search warrant for firearms, and, during execution of the warrant, the officers looked in a pill bottle. The state’s plain view argument is unavailing because it wasn’t immediately apparent to the officers. “We further find little … Continue reading

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CA8: Def has burden of showing illegal detention was “but for” cause of finding evidence

Defendant was a known drug dealer, and he was parked with his hood open. He said he was checking the belt on the engine. The officer was not prohibited from approaching the car and looking under the hood, too. Defendant … Continue reading

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D.Kan.: After entry to arrest parole absconder, the govt could rely on protective sweep, plain view, and plain smell doctrines to expand the entry

Officers had a parole absconder warrant to retake defendant. At his motel room door, they could smell marijuana inside. After the entry, the government could rely on protective sweep, plain view, and plain smell doctrines to expand the entry. Finally, … Continue reading

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E.D.Cal.: A civil detainee has no REP in his cell, despite not being a convict

A civil commitment detainee has more rights than a convict in a jail, but still practically none in his living area from a search for alleged contraband. Warrior v. Santiago, 2018 U.S. Dist. LEXIS 22742 (E.D. Cal. Feb. 12, 2018). … Continue reading

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CA4 doesn’t have to decide circuit conflict of whether smell of MJ justifies search of trunk

The smell of marijuana in the passenger compartment and more about the stop and place of stop provided probable cause for search of the entire car, including the trunk. The court notes a circuit split of whether smell in the … Continue reading

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