Daily Archives: February 10, 2018

CA11: The exact description in the SW was incorrect, but the attachment cured it

“Importantly, the warrant itself refers only to ‘[t]he premises located at: 1701 Bainbridge Avenue, Pensacola, Florida 32507.’ Although Attachment A incorrectly attributes that address to the trailer, the photo and description support the conclusion that the trailer and building are … Continue reading

Posted in Consent, Particularity, Warrant requirement | Comments Off

CA4 doesn’t have to decide circuit conflict of whether smell of MJ justifies search of trunk

The smell of marijuana in the passenger compartment and more about the stop and place of stop provided probable cause for search of the entire car, including the trunk. The court notes a circuit split of whether smell in the … Continue reading

Posted in Plain view, feel, smell, Scope of search | Comments Off

GA: Hot pursuit of a traffic stop over jurisdictional lines not unlawful

Officer’s hot pursuit of a traffic offender into a different state jurisdiction didn’t void the stop. In addition, it was reasonable for the officer to time the stop for more level ground. State v. Charles, 2018 Ga. App. LEXIS 51 … Continue reading

Posted in Hot pursuit, Informant hearsay | Comments Off

D.Nev.: Motion to join motion to suppress requires showing standing, too

This defendant moved to join the motion to suppress the search of a codefendant, but “Santilli’s Motion for Joinder does not provide any details about how McGuire’s Objection applies to a search or seizure of Santilli’s property or an invasion … Continue reading

Posted in Burden of pleading, Ineffective assistance | Comments Off

S.D.Cal.: Cell phones tool of trade of border smugglers, too

“That drug smuggling operations use cell phones to contact each other, to give direction and instructions, that they use scouts and multiple vehicles to cross drugs, are all well-known strategies. [¶] It is also well-known that smugglers will buy cars … Continue reading

Posted in Cell phones, Probable cause | Comments Off