Category Archives: Plain view, feel, smell

E.D.Mo.: Flight is part of the RS calculus

Defendant fled from a police stop, and he wasn’t seized until the police laid hands on him. The hunch he was carrying a gun was correct. “First, as Officer Nash was attempting to exit his marked police car to engage … Continue reading

Posted in Ineffective assistance, Plain view, feel, smell, Probable cause, Reasonable suspicion | Comments Off on E.D.Mo.: Flight is part of the RS calculus

E.D.Wis.: Citing forfeiture seizure statute in SW application and warrant doesn’t require forfeiture, too

The government sought a search warrant under Rule 41 and also cited the forfeiture seizure statute, 18 U.S.C. § 983. Failure to seek forfeiture doesn’t void the search. United States v. Palma, 2021 U.S. Dist. LEXIS 137870 (E.D.Wis. May 27, … Continue reading

Posted in Arrest or entry on arrest, Forfeiture, Ineffective assistance, Plain view, feel, smell, Reasonable suspicion | Comments Off on E.D.Wis.: Citing forfeiture seizure statute in SW application and warrant doesn’t require forfeiture, too

DC: Petr’s debit card records are basic third-party records under Miller and aren’t protected under Carpenter

Debit card financial records are basic third party records, like the bank records in Miller, and Carpenter offers no protection to the petitioner despite his claim of privacy interest in the information. And, if it did, the good faith exception … Continue reading

Posted in § 1983 / Bivens, Plain view, feel, smell, Third Party Doctrine | Comments Off on DC: Petr’s debit card records are basic third-party records under Miller and aren’t protected under Carpenter

D.P.R.: Passing reference to a 4A violation in motion to suppress doesn’t preserve it

Passing reference to a Fourth Amendment violation isn’t enough to preserve the issue. United States v. Polaco-Hance, 2021 U.S. Dist. LEXIS 132937 (D.P.R. July 16, 2021). There was probable cause for the search of defendant’s car under the warrant. A … Continue reading

Posted in Good faith exception, Motion to suppress, Plain view, feel, smell, Waiver | Comments Off on D.P.R.: Passing reference to a 4A violation in motion to suppress doesn’t preserve it

W.D.Wash.: Def’s arrest away from the place of search was justified by PC

There was probable cause for defendant’s arrest away from the place of execution of the search warrant (Summers and Bailey). United States v. Pelayo, 2021 U.S. Dist. LEXIS 126671 (W.D. Wash. July 7, 2021). When defendant opened his door, the … Continue reading

Posted in Plain view, feel, smell, Probable cause, Seizure | Comments Off on W.D.Wash.: Def’s arrest away from the place of search was justified by PC

CA7: When false arrest is the claim, ptf’s bond conditions are not separate seizures for SoL purposes

Plaintiff’s false evidence claim arises from the arrest or release from detention, and here it is time barred. His release on detention was not a separate Fourth Amendment seizure. Smith v. City of Chi., 2021 U.S. App. LEXIS 19136 (7th … Continue reading

Posted in § 1983 / Bivens, Excessive force, Plain view, feel, smell, Seizure | Comments Off on CA7: When false arrest is the claim, ptf’s bond conditions are not separate seizures for SoL purposes

S.D.Ill.: Claim of smell of marijuana from edibles in sealed container not credible

Court finds the officers lacked credibility on the claim they could smell marijuana from fruit flavored edibles in sealed packages. United States v. Clark, 2021 U.S. Dist. LEXIS 115872 (S.D. Ill. June 22, 2021):

Posted in Plain view, feel, smell | Comments Off on S.D.Ill.: Claim of smell of marijuana from edibles in sealed container not credible

OK: Smell of burnt marijuana in car is still PC in MMJ state

The smell of burnt marijuana in defendant’s car was still probable cause, despite it being in a medical marijuana state. State v. Roberson, 2021 OK CR 16, 2021 Okla. Crim. App. LEXIS 16 (June 17, 2021):

Posted in Plain view, feel, smell, Probable cause | Comments Off on OK: Smell of burnt marijuana in car is still PC in MMJ state

MD: Tracking “court order” didn’t need to be called a “warrant” to be one

A “court order” for tracking defendant’s vehicle satisfied the warrant requirement, and it didn’t have to be called a search warrant. It was issued with probable cause, and the good faith exception applied. Whittington v. State, 2021 Md. LEXIS 255 … Continue reading

Posted in Plain view, feel, smell, Warrant requirement | Comments Off on MD: Tracking “court order” didn’t need to be called a “warrant” to be one

IN: Plain view applied to vehicle seizure in driveway

Plain view justified the seizure of defendant’s van in his driveway, even assuming it was on the curtilage. It was immediately apparent to the officers it was criminal evidence. Combs v. State, 2021 Ind. LEXIS 358 (June 3. 2021). n.5:

Posted in Curtilage, Plain view, feel, smell | Comments Off on IN: Plain view applied to vehicle seizure in driveway

LA5: Use of a flashlight on a car is still a plain view

Using a flashlight to look in a car was still a valid plain view. State v. Williams, 2021 La. App. LEXIS 767 (La. App. 5 Cir. May 13, 2021). Where the alleged OWI offender was incapacitated, Mitchell applies to his … Continue reading

Posted in Drug or alcohol testing, Nexus, Plain view, feel, smell | Comments Off on LA5: Use of a flashlight on a car is still a plain view

CA8: A mere hunch possession of something might be criminal was not “immediately apparent” for plain view

Alleged plain view of glass vials on defendant’s couch wasn’t a legitimate plain view because the alleged incriminating nature of the objects wasn’t immediately apparent. It was maybe a hunch and not obvious at all. Grant of suppression motion affirmed. … Continue reading

Posted in Plain view, feel, smell | Comments Off on CA8: A mere hunch possession of something might be criminal was not “immediately apparent” for plain view

E.D.Wis.: Def’s clothes in ER as a shooting victim were in plain view for police seizure

Defendant was in an emergency room having been shot. Having presented himself for medical treatment, his bloody clothes were cut off him, and they were reasonably seized by law enforcement officers when they were seen in plain view in white … Continue reading

Posted in Plain view, feel, smell, Reasonable suspicion, Waiver | Comments Off on E.D.Wis.: Def’s clothes in ER as a shooting victim were in plain view for police seizure

IL: For “immediately apparent” in plain view, only “practical, nontechnical” probability that incriminating evidence is involved is required

On the incriminating nature of an object in plain view being “immediately apparent,” “[a]ll that is required is a ‘“practical, nontechnical”’ probability that incriminating evidence is involved.” People v. Molnar, 2021 IL App (2d) 190289, 2021 Ill. App. LEXIS 192 … Continue reading

Posted in Exclusionary rule, Plain view, feel, smell, Reasonable suspicion | Comments Off on IL: For “immediately apparent” in plain view, only “practical, nontechnical” probability that incriminating evidence is involved is required

E.D.Mo.: Mistaken identity stop was reasonable and led to plain view

The mistaken identity stop of defendant was reasonable on the totality, and, when a blunt fell to the ground, there was probable cause to go further. United States v. Smith, 2021 U.S. Dist. LEXIS 71223 (E.D. Mo. Mar. 26, 2021). … Continue reading

Posted in GPS / Tracking Data, Plain view, feel, smell | Comments Off on E.D.Mo.: Mistaken identity stop was reasonable and led to plain view

D.N.M.: A vehicle could be stopped just because there was a warrant on the passenger

A vehicle could be stopped just because there was a warrant on the passenger. Here, ICE made the stop, and it was reasonably related to its justification. United States v. Murillo-Gonzalez, 2021 U.S. Dist. LEXIS 38494 (D. N.M. Mar. 1, … Continue reading

Posted in Arrest or entry on arrest, Plain view, feel, smell, Reasonableness | Comments Off on D.N.M.: A vehicle could be stopped just because there was a warrant on the passenger

M.D.Pa.: Tent in an open field might have had REP, but it was open to view inside and plain view applied

Assuming defendant’s tent in an “open field” area had a reasonable expectation of privacy (as the Ninth Circuit would hold), the tent was open and the officer could see in. There was no curtilage to the tent in an open … Continue reading

Posted in Curtilage, Plain view, feel, smell, Probable cause, Reasonable expectation of privacy | Comments Off on M.D.Pa.: Tent in an open field might have had REP, but it was open to view inside and plain view applied

PA: With MMJ, smell of MJ alone isn’t PC for search of a car; more required

Because of medical marijuana being law in Pennsylvania, the smell of marijuana in a car alone is no longer enough for probable cause. More is required. Commonwealth v. Grooms, 2021 Pa. Super. LEXIS 79 (Feb. 24, 2021):

Posted in Plain view, feel, smell, Probable cause | Comments Off on PA: With MMJ, smell of MJ alone isn’t PC for search of a car; more required

GA: Contraband in plain view on def’s property didn’t justify warrantless entry to seize it

Officers’ entry onto abandoned property next door to defendant’s place to get a better view of his place was reasonable. He had no reasonable expectation of privacy there or in the view from there. However, they saw contraband in plain … Continue reading

Posted in Emergency / exigency, Plain view, feel, smell, Probable cause | Comments Off on GA: Contraband in plain view on def’s property didn’t justify warrantless entry to seize it

TX14: No REP in a driveway def pulled into apparently hoping to ditch following police

Defendant’s red Ford Expedition was seen leaving an armed robbery, and the police were looking for it, finding it driving on the street. They followed, and it pulled into a driveway. Defendant shows no reasonable expectation of privacy in the … Continue reading

Posted in Curtilage, Plain view, feel, smell, Standing | Comments Off on TX14: No REP in a driveway def pulled into apparently hoping to ditch following police