Category Archives: Plain view, feel, smell

D.S.D.: Contents of partially open box in post office was within plain view

A priority mail box was partially open and inadequately sealed in a post office on tribal lands. A baggie of apparent methamphetamine was visible inside. The post office called the tribal police, and that officer saw it too. This was … Continue reading

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LA3: “Defendant may not retreat to the curtilage of his home to avoid arrest.”

“Defendant may not retreat to the curtilage of his home to avoid arrest.” State v. Nolan, 2019 La. App. LEXIS 1085 (La. App. 3 Cir. June 12, 2019). The smell of marijuana was justification for search of defendant’s person. A … Continue reading

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CA6: State sanctioned blood draws of newborns and keeping the samples stated 4A claim

Plaintiffs stated a Fourth Amendment claim that the state took blood samples from children to check for diseases and then retained them in the Michigan Neonatal Biorepository. Remanded for further consideration. Kanuszewski v. Michigan Dept. of Health and Human Services, … Continue reading

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IA: Smell of MJ alone is PC for a search

“Iowa Supreme Court precedent holds that the odor of marijuana emanating from a person, by itself, when detected by a police officer, who has adequate knowledge and training to recognize the smell, constitutes probable cause. The district court incorrectly found … Continue reading

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WA: Blood was apparent in plain view on def’s clothing in hospital room

“¶1 David Morgan was convicted by a jury of first degree assault, attempted murder, and arson. A bloodstain pattern analysis performed on his clothing suggested he was in close proximity to the victim when she suffered her injuries. We must … Continue reading

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AZ: Smoking MMJ in a parked car on a commercial lot is “public”

Smoking medical marijuana in a car in a commercial parking lot is public enough that it violates the AMMA to do so. While a car has some privacy, anything visible isn’t. Following People v. Carlton, 880 N.W.2d 803 (Mich. Ct. … Continue reading

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E.D.N.Y.: Computer search for CP can lead to legitimate plain view

In a computer search for child pornography, reviewing the computer files can easily lead to a plain view. “The agents were permitted to ‘engage in a cursory review of files [in the folder dated 2005], by opening them, to determine … Continue reading

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CA11 (en banc): Frisk in high crime area at 4 am produced ammunition and empty holster by plain feel

A frisk at 4 am in a high crime area was not only justified, it produced one round of ammunition and an empty holster by plain feel. That led to a search of the ground that produced the firearm. The … Continue reading

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D.Me.: Absent room renter could consent to search of motel room def was alone in under Randolph

Defendant was the sole occupant of his hotel room, and the absent renter consented to the search. That consent was binding on defendant under Randolph. It wasn’t ineffective assistance of counsel for defense counsel to fail to argue for an … Continue reading

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LA1: Plain view during a probation “compliance check” is valid

Plain view during a probation “compliance check” is valid. State v. Cheramie, 2019 La. App. LEXIS 576 (La. App. 1 Cir. Apr. 5, 2019). Defense counsel filed a motion to suppress which was heard and denied. He then pled guilty. … Continue reading

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N.D.Ga.: Even if Carpenter applies to a cell phone tower dump, the GFE applies

Even if Carpenter applies to cell phone tower dumps, which isn’t a certainty, the good faith exception applies. United States v. Pendergrass, 2018 U.S. Dist. LEXIS 222190 (N.D. Ga. Sept. 11, 2018), later opinion on reconsideration, 2019 U.S. Dist. LEXIS … Continue reading

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D.Nev.: The fact the officers claimed to smell marijuana but didn’t find any doesn’t mean they were lying

It was testified that the car smelled like burnt marijuana. The fact none was found doesn’t indicate that officers were lying. United States v. Davila, 2019 U.S. Dist. LEXIS 42805 (D. Nev. Jan. 31, 2019),* adopted, 2019 U.S. Dist. LEXIS … Continue reading

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