Category Archives: Plain view, feel, smell

D.Conn.: “observation of a small amount of marijuana not clearly labelled for medicinal use creates probable cause that evidence of illegal drug activity would be found within the car”

“Because Officer Diaz had reason to believe that a gun would be found within the Defendant’s car prior to the stop, his observation of a small amount of marijuana not clearly labelled for medicinal use creates probable cause that evidence … Continue reading

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KS declines to decide whether odor of MJ on the person is PC because here there was more than just that

Defendant didn’t dim headlights and officers stopped the car suspecting inattentive driving. The smell of marijuana coming from the car was obvious. “We decline the State’s offer to embark on a new legal proposition that would allow Kansas law enforcement … Continue reading

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D.Nev.: Despite legalization of recreational marijuana, smell of burnt marijuana in car is RS for detention for impaired driving

Despite the fact the Clark County DA announced they were no longer prosecuting ½ ounce or less marijuana cases along with voters adopting decriminalization of recreational marijuana, defendant’s detention for sleeping in his car in the middle of the Flamingo … Continue reading

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OR: The fact there is some officer discretion in conducting an inventory doesn’t make it violate 4A

The Salem inventory policy requires inventory of closed containers that might have something valuable in them. In defendant’s backpack was a nylon case which the officer believed might contain a computer harddrive or a computer gaming device. The inventory was … Continue reading

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OH8: Dog sniff that didn’t extend traffic stop at all because it was done by another officer was reasonable

The exclusionary rule applies to forfeiture actions (One 1958 Plymouth Sedan) despite the state’s argument. The dog sniff during the normal processing was part of the stop. “Police may conduct a canine sniff during the time that it takes to … Continue reading

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MN: By living with a person on probation, one has a diminished REP in common areas

By choosing to live in the same house with a probationer, one has a diminished expectation of privacy in the common areas of one’s abode. In a probation search of the other occupant, defendant objected to the entry, but it … Continue reading

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CA3: Frisk was justified by RS and plain feel of drugs resulted

The officer had reasonable suspicion to frisk defendant, and the drugs in his pocket were discovered by plain feel. United States v. Graves, 2017 U.S. App. LEXIS 25157 (3d Cir. Dec. 13, 2017). Smell of marijuana during a traffic stop … Continue reading

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S.D.Ga.: Def shooting victim’s clothes could be seized from ER floor as plain view or because of exigency

Defendant arrived at a hospital ER after he was shot. His clothing was cut off him and on the floor, and the officer’s seizure was valid because it was in plain view and had clear evidentiary value from blood and … Continue reading

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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

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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

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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

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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 on 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