Daily Archives: September 26, 2016

AK: State court judgment not “void” for habeas purposes because evidence illegally seized

A state court judgment is not “void” for state habeas purposes because it relies on evidence allegedly obtained in violation of the Fourth Amendment. Olson v. State, 2016 Alas. App. LEXIS 172 (Sept. 23, 2016). Defendant saw an unmarked police … Continue reading

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TN: The host had common authority over the guest’s part of the premises; he was only there every other night

Defendant had been staying every other night with his brother who stayed in the property leased by Ms. Bryant. She had common authority over that room and went in it all the time. The trial court did not err in … Continue reading

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NE: A DRE expert isn’t required to make stop have PC for a DWI arrest

It isn’t required that the state have a DRE specialist make an arrest to determine whether there is probable cause for defendant’s arrest. It is required that the officers exclude other possibilities for the appearance of intoxication. State v. Rothenberger, … Continue reading

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E.D.Mich.: Def provided a cell phone to a minor he was trafficking for sex, and he had no REP in it even though he paid for it

Defendant was accused of sex trafficking a minor and provided her a cell phone. She had apparent authority to consent to search of the phone, and it was voluntarily given. United States v. Gardner, 2016 U.S. Dist. LEXIS 128480 (E.D.Mich. … Continue reading

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E.D.Ky.: Even if dog unlawfully came on curtilage, officers’ plain smell of MJ from the street was PC

Officers went to defendant’s house suspecting a grow operation. On the sidewalk in front of his house, they could smell raw marijuana. They went to the door and window air conditioning unit and could smell it. They brought a drug … Continue reading

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