Daily Archives: December 26, 2017

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

Posted in Plain view, feel, smell, Reasonable suspicion | Comments Off

OH2: Def was in his bedroom and refused consent saying it wasn’t his house, so homeowner’s consent covered his room

Police came to a disturbance call, and they talked to two people. Defendant was in a bedroom where he allegedly stayed and he was accused of pointing a gun at the owner. An officer asked him for consent and he … Continue reading

Posted in Consent, Scope of search | Comments Off

DE: SW affidavit based entirely on hearsay is not unconstitutional for that reason alone

A search warrant affidavit based entirely on hearsay is not unconstitutional for that reason alone. The hearsay has to be credible and the collective knowledge doctrine is one way to do so. If probable cause is shown on the totality, … Continue reading

Posted in Uncategorized | Comments Off

CA10: SW affidavit was detailed, and Franks challenge targeted def’s being in pen during conspiracy; not shown reckless under Franks and GFE applies

Officers obtained a search warrant for defendant’s house for evidence of drug dealing for his being involved with a gang for years. The affidavit was detailed except that it only suggested defendant’s and another’s incarceration for eight years in the … Continue reading

Posted in Franks doctrine, Nexus | Comments Off

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

Posted in Inventory, Plain view, feel, smell | Comments Off

OR: When the state argues a stop was continued with RS, it has the burden of proof and here it failed

Defendant was stopped on a bicycle for a headlight violation of what was likely a mixed motive stop because he was carrying a pillow case and that suggested residential burglary. The stop was conceded to be valid, but the continuation … Continue reading

Posted in Burden of proof | Comments Off