Category Archives: Plain view, feel, smell

N.D.Fla.: No 4A requirement a car left in a parking lot on def’s arrest couldn’t be towed and inventoried

The driver of the vehicle was a serial violator of the state statute on driving on a suspended license. When he was caught this time, the vehicle was on a parking lot and the officer elected to have it towed, … Continue reading

Posted in Inventory, Plain view, feel, smell | Comments Off on N.D.Fla.: No 4A requirement a car left in a parking lot on def’s arrest couldn’t be towed and inventoried

D.Minn.: Car being stuck in snow and key fob not there doesn’t nullify application of the automobile exception

A car stuck in the snow at the end of the alley and defendant without the key fob is still mobile for the automobile exception. “Any temporary loss of mobility is insufficient to take Williams’s case outside the automobile exception.” … Continue reading

Posted in Automobile exception, Plain view, feel, smell | Comments Off on D.Minn.: Car being stuck in snow and key fob not there doesn’t nullify application of the automobile exception

AL: Failure to have arrest warrant in hand under state law voids the arrest and the search incident that occurred; Heien inapplicable

Defendant was unreasonably and mistakenly arrested without the officer having the arrest warrant in hand as required by state law, and the search incident to the arrest is suppressed. The court finds Heien and the good faith exception inapplicable because … Continue reading

Posted in Arrest or entry on arrest, Plain view, feel, smell, Reasonableness | Comments Off on AL: Failure to have arrest warrant in hand under state law voids the arrest and the search incident that occurred; Heien inapplicable

TN: Defense counsel’s failure to predict Riley wasn’t IAC

Defense counsel wasn’t ineffective for not raising Riley before it was decided, and the case was tried just before Riley. Once Riley was issued, defense counsel tried to get it into the case by a motion for new trial. Other … Continue reading

Posted in Cell phones, Ineffective assistance, Plain view, feel, smell | Comments Off on TN: Defense counsel’s failure to predict Riley wasn’t IAC

OH2: Looking through a parked car’s windows with a flashlight is not a “search”

Officers looked through defendant’s vehicle windows when it was parked with a flashlight during a nighttime stop, and that wasn’t an unreasonable search. In the vehicle was meth in plain view. State v. Brown, 2019-Ohio-3684, 2019 Ohio App. LEXIS 3766 … Continue reading

Posted in Plain view, feel, smell, Search | Comments Off on OH2: Looking through a parked car’s windows with a flashlight is not a “search”

NYTimes: Officers Said They Smelled Pot. The Judge Called Them Liars.

NYTimes: Officers Said They Smelled Pot. The Judge Called Them Liars. By Joseph Goldstein: (“Courts in New York have long ruled that if a car smells like pot, the police can search it. But now, a backlash is mounting.”).

Posted in Plain view, feel, smell | Comments Off on NYTimes: Officers Said They Smelled Pot. The Judge Called Them Liars.

W.D.Mich.: Smell of MJ in a MMJ state may still provide PC for search; defendant has to have documentation justifying possession

The smell of marijuana coming from a car in a MMJ state can still provide probable cause. The occupants have to produce proof of compliance with the law, and then they might be immune from arrest. United States v. Trevino, … Continue reading

Posted in Plain view, feel, smell | Comments Off on W.D.Mich.: Smell of MJ in a MMJ state may still provide PC for search; defendant has to have documentation justifying possession

MD: In a MJ decrim state, smell of MJ on the person may be PC to search a vehicle but not search a person or arrest

“In the post-decriminalization era, the mere odor of marijuana coupled with possession of what is clearly less than ten grams of marijuana, absent other circumstances, does not grant officers probable cause to effectuate an arrest and conduct a search incident … Continue reading

Posted in Plain view, feel, smell | Comments Off on MD: In a MJ decrim state, smell of MJ on the person may be PC to search a vehicle but not search a person or arrest

CA5: Courts don’t scutinize the words CBP officers use at immigration checkpoints for Rodriguez purposes

At an immigration checkpoint stop, courts will not scrutinize the specific words the officers use to question people about their status, as in “can I see your face” to match it to a picture? Rodriguez doesn’t quite control, and that … Continue reading

Posted in Immigration checkpoints, Plain view, feel, smell | Comments Off on CA5: Courts don’t scutinize the words CBP officers use at immigration checkpoints for Rodriguez purposes

N.D.Ohio: Officers knew def had CP on cell phone; finding cell phone in plain view permitted seizure

Even assuming the search warrant covered only under the roof, defendant’s cell phone was found in plain view on the driveway and it’s incriminating nature was already known to the officers, therefore, readily apparent. United States v. O’Neill, 2019 U.S. … Continue reading

Posted in Cell phones, Consent, Plain view, feel, smell | Comments Off on N.D.Ohio: Officers knew def had CP on cell phone; finding cell phone in plain view permitted seizure

CA9: Info of illegal search was put into second SW affidavit and independent PC was shown

In a felon in possession case, there was a prior illegal search by state troopers. ATF picked up the case immediately and applied for a search warrant that included the information from the illegal search, and there was independent evidence … Continue reading

Posted in Independent source, Plain view, feel, smell, Reasonableness | Comments Off on CA9: Info of illegal search was put into second SW affidavit and independent PC was shown

S.D.Fla.: Search incident and community caretaking exceptions can’t support govt’s search of def’s messenger bag days later

The government’s search incident theory to sustain a search of defendant’s messenger bag days after his arrest is rejected. “The fundamental purpose of the search incident to arrest exception is to ensure safety and safeguard evidence. Neither of these concerns … Continue reading

Posted in Community caretaking function, Plain view, feel, smell, Rule 41(g) / Return of property, Search incident | Comments Off on S.D.Fla.: Search incident and community caretaking exceptions can’t support govt’s search of def’s messenger bag days later