Daily Archives: December 9, 2018

KY: License plate reader alert justified stop

A license plate reader told the officer that defendant’s car insurance needed to be verified because it was not on file, and that was a reasonable basis for the stop. Lynem v. Commonwealth, 2018 Ky. App. LEXIS 299 (Dec. 7, … Continue reading

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KS: Smell of MJ at def’s door was PC it was inside; protective sweep valid

The smell of marijuana at defendant’s door was probable cause there was marijuana inside, and that justified a protective sweep to secure the premises pending getting a warrant. State v. Hubbard, 2018 Kan. LEXIS 592 (Dec. 7, 2018):

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D.Ore.: Where the detention was with RS, the fact it took an hour to get a free drug dog there wasn’t unreasonable

The officer had reasonable suspicion for detention for the dog sniff. Then it took an hour to get a drug dog there because the police were busy that night. It was not unreasonable on the totality. United States v. Krumwiede, … Continue reading

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OH6: Not having a full suppression hearing and limiting issues was sound strategy

Defense counsel’s strategy was to attack probable cause, and a full suppression hearing was to be avoided, because that would surely lose. That was sound strategy at the time. State v. Nettles, 2018-Ohio-4908, 2018 Ohio App. LEXIS 5237 (6th Dist. … Continue reading

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