TN: Consent not invalid for threat of SW that was with PC; also exclusionary rule doesn’t apply to probation revo

The request for consent here was not backed by a baseless threat to get a search warrant because the officers had probable cause. Here, however, this was a probation revocation, and the exclusionary rule wouldn’t apply. State v. Fife, 2014 Tenn. Crim. App. LEXIS 596 (June 26, 2014).

In an appeal of a right to counsel issue, a Franks-type issue was thrown in while acknowledging that it wasn’t decided by the court below. It’s not at all preserved for review. Westray v. State, 2014 Md. App. LEXIS 60 (June 25, 2014).*

Defendant’s motion to suppress was never ruled on, and his plea agreement waived it. United States v. Powell, 2014 U.S. App. LEXIS 12085 (5th Cir. June 26, 2014).*

Defendant was stopped for loud music from the car, but the officers already suspected him of dealing drugs. He made a furtive movement under the seat, and the officer could smell marijuana from the car. A dog alerted. Defendant was removed from the vehicle, and he was patted down, and that revealed a ball in the pocket that was immediately apparent to the officer was drugs. State v. Jones, 2014-Ohio-2763, 2014 Ohio App. LEXIS 2705 (8th Dist. June 26, 2014).