Category Archives: Plain view, feel, smell

M.D.Ala.: Unmarked pill bottle with apparent crack in it was in plain view during protective sweep after arrest in house

Officers came in defendant’s house with an arrest warrant for cocaine delivery. During a protective sweep, an unmarked pill bottle was seen and picked up. It was immediately apparent to the officers that the contents was likely crack cocaine and … Continue reading

Posted in Arrest or entry on arrest, Plain view, feel, smell, Protective sweep | Comments Off on M.D.Ala.: Unmarked pill bottle with apparent crack in it was in plain view during protective sweep after arrest in house

TX1: Pill bottle in pocket wasn’t presumed to contain contraband; plain feel not valid

Defendant admits that he was validly stopped and patted down. The only question is whether the pill bottle removed from his pocket was subject to plain feel, and the court concludes it was not. It was obviously not a weapon, … Continue reading

Posted in Plain view, feel, smell | Comments Off on TX1: Pill bottle in pocket wasn’t presumed to contain contraband; plain feel not valid

S.D.N.Y.: When police come to def’s house with arrest warrant, cotenant’s denial he’s home isn’t binding on officers

Officers had good information where defendant lived, and they came with an arrest warrant. His cotenant denied he was there, which the officers did not have to take at face value. One FBI agent testified that cotenants frequently lie about … Continue reading

Posted in Arrest or entry on arrest, Ineffective assistance, Plain view, feel, smell, Protective sweep | Comments Off on S.D.N.Y.: When police come to def’s house with arrest warrant, cotenant’s denial he’s home isn’t binding on officers

CA6: Video of controlled buy corroborated CI; fact drugs wasn’t mentioned doesn’t mean no PC

The CI’s story is confirmed by the audio and video of the following controlled buy. Defendant’s claim that the money could have been paid for something else doesn’t undermine the probable cause. “Here, despite no explicit discussion of drugs, put … Continue reading

Posted in Informant hearsay, Plain view, feel, smell | Comments Off on CA6: Video of controlled buy corroborated CI; fact drugs wasn’t mentioned doesn’t mean no PC

D.Utah: Officers had no objective information supporting exigency for entry

The officers had no objective information that even suggested that a protective sweep was required here, and the warrantless entry into the home was unreasonable. Moreover, the claimed consent wasn’t voluntary. United States v. Lawley, 2018 U.S. Dist. LEXIS 125920 … Continue reading

Posted in Emergency / exigency, Plain view, feel, smell | Comments Off on D.Utah: Officers had no objective information supporting exigency for entry

S.D.Ind.: CSLI search two years before Carpenter was valid under GFE

The Seventh Circuit held in dicta in 2014 that CSLI didn’t need a warrant. United States v. Thousand, 558 Fed. Appx. 666, 670 (7th Cir. 2014). The search here was two years before Carpenter. Davis good faith applies, and the … Continue reading

Posted in Cell site location information, Good faith exception, Plain view, feel, smell | Comments Off on S.D.Ind.: CSLI search two years before Carpenter was valid under GFE

S.D.N.Y.: Realtime cell phone tracking SW issued with PC

The USPS developed probable cause that defendant was shipping drugs by mail with his own mini mailing service, creating his own mailing labels and having acquired plenty of USPS envelopes and postage to do it. When another suspicious package came … Continue reading

Posted in Ineffective assistance, Mail and packages, Plain view, feel, smell | Comments Off on S.D.N.Y.: Realtime cell phone tracking SW issued with PC

N.D.Cal.: Smell of MJ from passenger compartment is PC only as to that area

The smell of marijuana came from the passenger compartment, and the court finds that the probable cause that it creates is limited to the passenger compartment under the automobile exception. United States v. Chavez, 2018 U.S. Dist. LEXIS 107695 (N.D. … Continue reading

Posted in Plain view, feel, smell, Probable cause, Scope of search, Strip search | Comments Off on N.D.Cal.: Smell of MJ from passenger compartment is PC only as to that area

MD: Odor of MJ from the person is PC to search the person

The odor of marijuana provides probable cause to believe that marijuana is present, and therefore, the smell of marijuana emanating from a vehicle provides probable cause to believe that contraband or evidence of a crime will be in the vehicle … Continue reading

Posted in Plain view, feel, smell, Probable cause | Comments Off on MD: Odor of MJ from the person is PC to search the person

DE: Facebook messages def was reselling MMJ was part of the PC

A medical marijuana provider told police that it appeared that defendant was reselling that which she acquired legally. They messaged her through Facebook as a potential buyer, and she essentially admitted it. The search warrant was issued on probable cause … Continue reading

Posted in Plain view, feel, smell | Comments Off on DE: Facebook messages def was reselling MMJ was part of the PC

CT: Seeing sawed off shotgun through van window justified opening it up to seize it

The officers here saw a sawed off shotgun through the windows of defendant’s van, and it was not unreasonable to use the key fob to open the door to seize it. State v. Ortiz, 2018 Conn. App. LEXIS 235 (June … Continue reading

Posted in Arrest or entry on arrest, Automobile exception, Plain view, feel, smell, Qualified immunity | Comments Off on CT: Seeing sawed off shotgun through van window justified opening it up to seize it

E.D.Mich.: Gant didn’t bar a plain view of the interior of def’s car when he was handcuffed on ground

Defendant was arrested for drug dealing, and he was handcuffed on the ground near the car. The search of the car here was based on seeing a gun in the car in plain view, so Gant doesn’t bar the search. … Continue reading

Posted in Plain view, feel, smell, Reasonable suspicion, Search incident | Comments Off on E.D.Mich.: Gant didn’t bar a plain view of the interior of def’s car when he was handcuffed on ground