Daily Archives: August 19, 2022

TX1: Consent to handling cell phone led to plain view of CP

Defendant consented to the officer handling his secondary cell phone that wasn’t able to make calls. The officer accidentally saw child pornography on the phone in plain view, and it was all reasonable. Thomson v. State, 2022 Tex. App. LEXIS … Continue reading

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S.D.W.Va.: Using an alias to rent a hotel room is not a waiver of a REP in it

The use of an alias to rent a hotel room doesn’t forfeit a reasonable expectation of privacy in it. The warrantless entry here was unreasonable. United States v. Henning, 2022 U.S. Dist. LEXIS 147239 (S.D. W. Va. Aug. 17, 2022). … Continue reading

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OH7: Questioning def about drugs on his person extended stop

The traffic stop was delayed, and the public safety exception was not applicable, where the officer asked a compound question, and the questioning only appeared directed at getting an admission by appellant that he had drugs on him and suggesting … Continue reading

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M.D.Pa.: Air freshener in a non-smoking rental car factor in RS

“[T]he air freshener in a non-smoking rental car was an early and legitimate basis for suspicion to be aroused. In general, the use of air fresheners is a recognized factor contributing to reasonable suspicion.” United States v. Hawari-Rasulullah, 2022 U.S. … Continue reading

Posted in Arrest or entry on arrest, Ineffective assistance, Reasonable suspicion, Staleness | Comments Off on M.D.Pa.: Air freshener in a non-smoking rental car factor in RS