Category Archives: Plain view, feel, smell

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

N.D.Ga.: SW for seizure and search of a computer allows the search to be done at a later time

A second search of a computer’s contents is usually justified by the initial search and seizure warrant for the computer. United States v. Perry, 2017 U.S. Dist. LEXIS 148336 (N.D. Ga. Sept. 13, 2017). Officers went to a Biloxi motel … Continue reading

Posted in Computer searches, Plain view, feel, smell | Comments Off

D.Mont.: How many ways can this vehicle search be sustained that go unmentioned?

Defendant was stopped for driving erratically through a construction zone, and when stopped, he was acting strange and officers ordered his hands up. He slowly raised them with a cell phone in hand. Hands on guns, officers approached and saw … Continue reading

Posted in Plain view, feel, smell, Search incident | Comments Off

E.D.Ky.: Basis for traffic stop doesn’t need to be decided where there was independent RS

There’s no point in quibbling here over the basis of the traffic stop because the officer had reasonable suspicion of drug trafficking, too. United States v. Mejia-Palacio, 2017 U.S. Dist. LEXIS 128922 (E.D. Ky. July 25, 2017), adopted, 2017 U.S. … Continue reading

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

CA8: When a gun is seized in a business, govt must show justification; here it failed to show officer safety was an issue. A gun on a shelf in a business is not exigency per se.

An undercover officer entered a tattoo parlor looking for a “person of interest” in an unrelated case. A gun was seen on a shelf in the “work area.” Officers came back. Customers were allowed in the “work area” by invitation … Continue reading

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