Category Archives: Plain view, feel, smell

D.Kan.: Officers on consent search saw cell phone in plain view and they knew it would have evidence on it; seizure proper

The court assumes without deciding that defendant had standing to challenge the search of his sister’s house because, although he was kicked out because of an arrest warrant for him, she let him back in to take a shower, charge … Continue reading

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D.Me.: When acting on smell of burning MJ, officer doesn’t have to determine whether def has an MMJ card to nullify PC

The smell of marijuana in a national park led to the ranger seeing defendant with a vaporizer smoking device and a stronger smell. This was probable cause, and probable cause doesn’t depend on the officer inquiring whether the defendant has … Continue reading

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E.D.Mich.: Defense can’t get “activity logs” of officers for 60 days prior to his stop to see if they also smelled MJ then; what would it prove?

Defendant filed a motion to suppress and a motion to produce the “activity logs” of the officers involved for the 60 days prior to his stop. He wants to see whether the officers claimed to have smelled marijuana during those … Continue reading

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D.S.D.: Court credits that officer could smell burnt marijuana coming from def’s car while driving

The court credits the officer that while driving behind defendant’s vehicle, the officer could smell burnt marijuana coming from it, and that was at least reasonable suspicion. United States v. Theus, 2017 U.S. Dist. LEXIS 26719 (D. S.D. Feb. 27, … Continue reading

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OH10: Smell of MJ from car justified its search; suppression reversed

The trial court erred in granting defendant’s motion to suppress because the officer smelled marijuana in defendant’s car, and that justified its search. Moreover, defendant wasn’t in custody when he was speaking to the officer, so his statements aren’t suppressed. … Continue reading

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D.P.R.: Officer’s testimony is just too convenient to be believed

In a remarkable opinion, the court finds the officer’s testimony just too convenient and, thus, incredible and suppresses the seizure by an alleged plain view. Also, the plain view required manipulation, and that’s not plain view. United States v. Mata-Peña, … Continue reading

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TX11: Smell of MJ from car and def’s person justified search of both

The smell of marijuana coming from a car and then defendant’s person when he got out is probable cause to search both. Defendant said he smoked all the marijuana five hours before the stop. Then he was found chewing it, … Continue reading

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D.P.R.: Consent before Mirandizing is not a violation of self-incrimination

Obtaining consent before Mirandizing the defendant is not a violation of self-incrimination. Defendant’s experience with the criminal justice system supports the voluntariness of his consent. United States v. Lopez-Fernandez, 2017 U.S. Dist. LEXIS 17791 (D. P.R. Feb. 6, 2017). Careless … Continue reading

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FL1: Officer was reasonable in reentering car to retrieve money he took off def and put in car seat; plain view sustained

When defendant was frisked, $1,188 was removed from him, and the officer put it on the trunk then thought to put it through the window so it wouldn’t blow away. The officer then acted reasonably going back into the unlocked … Continue reading

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CA8: Smell of MJ from car was PC

Defendant was stopped for no license plate and weaving. When the window came down, the smell of marijuana was apparent. The driver appeared under the influence. The passenger became agitated, and that confirmed to the officer he was too. A … Continue reading

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