Daily Archives: June 11, 2017

ND: Drug dog arriving before stop completed could sniff before stop ended

Because the drug dog arrived nearly at the same time as the officer making the traffic stop, the dog sniff on the highway did not extend the stop under Rodriguez. State v. Phelps, 2017 ND 141, 2017 N.D. LEXIS 134 … Continue reading

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ND: Method of packaging MJ was sufficient PC for delivery, not just possession

The method of packaging marijuana was probable cause to believe it was for sale and not misdemeanor possession. State v. Turbeville, 2017 ND 139, 2017 N.D. LEXIS 146 (June 9, 2017). The CIs were adequately corroborated in this long term … Continue reading

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CA1: 25-year-old prior could be considered by officer in RS totality

Reasonable suspicion was mounting from the beginning of the stop. Defendant was excessively nervous and repeatedly (to the surprise of the officer) consented to a search of the vehicle. Defendant’s 25 year old conviction wasn’t too stale to be considered … Continue reading

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CA9: Exigency supported entry into hotel room when there was another child inside in child sex exploitation case

Defense counsel was not ineffective. The search of defendant’s hotel room for evidence in a child sex exploitation case after she escaped from the room and talked to the police was based on exigency. “ The officers also had exigent … Continue reading

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CA7: Exclusionary rule won’t be applied to identity in an illegal reentry case

The exclusionary rule won’t be applied to suppress the identity of an undocumented person leading to illegal reentry prosecution (relying on Hudson). United States v. Chagoya-Morales, 2017 U.S. App. LEXIS 10277 (7th Cir. June 9, 2017):

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CA8: Warrant was broad, but not constitutionally overbroad for QI under Messerschmidt

An anonymous tip corroborated by a jailhouse telephone call showed probable cause to believe plaintiff was in possession of a pet deer in violation of state game regulations. A search warrant was issued that was broader than just that one … Continue reading

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