Category Archives: Plain view, feel, smell

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):

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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

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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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CA4: $41,000 cash could be seized in execution of a warrant for marriage and immigration fraud based on def’s explanation

$41,000 cash could be seized in execution of a warrant for marriage and immigration fraud even though its evidentiary significance wasn’t instantly obvious. United States v. Kimble, 2017 U.S. App. LEXIS 7776 (4th Cir. May 2, 2017):

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C.D.Cal.: Even though California recognizes recreational marijuana, smell is still RS of driving under influence

Even though recreational use of marijuana is recognized in California, smoking while driving is still an offense, and smell is at least reasonable suspicion. United States v. Pearson, 2017 U.S. Dist. LEXIS 65260 (C.D. Cal. April 28, 2017).* “Based upon … Continue reading

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