Daily Archives: July 3, 2017

Two rejected IAC claims, one for lack of a record yet

Defendant’s Fourth Amendment claim was not presented to the trial court, and the court declines to reach it on an ineffective assistance of counsel claim for lack of a record. He can do that later. Shinstock v. State, 2017 Miss. … Continue reading

Posted in Ineffective assistance | Comments Off

IN recognizes a temporal limit on delaying stops with RS

Defendant was seen in a park wearing a gang color shirt and was a suspected truant, although the officer didn’t act on it. Hours later, after school, defendant was seen again with a group wearing red except his red shirt … Continue reading

Posted in Reasonable suspicion | Comments Off

TX1: Smell of MJ in car not found didn’t support search of pockets

The smell of marijuana coming from defendant’s car, never found in a search of the car, didn’t justify a search of his person while he was handcuffed and sitting on the curb. Meane v. State, 2017 Tex. App. LEXIS 5976 … Continue reading

Posted in Consent, Plain view, feel, smell, Probable cause | Comments Off

NH: Limited state auto exception recognized where plainly visible contents are contraband

NH recognizes limited state automobile exception under state constitution where a warrant is not required where “the police have probable cause to believe that a plainly visible item in the vehicle is contraband.” State v. Cora, 2017 N.H. LEXIS 132 … Continue reading

Posted in Automobile exception, State constitution | Comments Off

CA9: Def’s possession of ammo was independent basis to issue SW

Police were called to defendant’s home in a domestic call that he was holding his wife and her child against their will. They entered and handcuffed him. A patdown of his person produced ammunition. Officers looked in a stack of … Continue reading

Posted in Independent source, Reasonable suspicion | Comments Off

OH5: Plain view didn’t apply to a firearm where it wasn’t readily obvious it was stolen

The plain view doctrine did not apply because the firearm was not immediately apparent as incriminating evidence or contraband, and testimony at the suppression hearing established the officers could not readily identify the firearm as stolen. State v. Elschlager, 2017-Ohio-5545, … Continue reading

Posted in Plain view, feel, smell, Reasonable expectation of privacy | Comments Off