NC: Open container in plain view permitted a search incident for more evidence

Defendant’s stop led to plain view of an open container. That justified a search incident for more because, after all, the console could hold beer cans, even if the officer could have merely issued a citation. State v. Fizovic, 2015 N.C. App. LEXIS 284 (April 7, 2015). [This is a slightly dangerous precedent. The violation is complete on seeing the open container. Also, the “more evidence” would be closed containers under the court’s theory, and they aren’t illegal.]

Defendant’s warrantless blood draw was unreasonable. He’d withdrawn any consent, or implied consent. State v. Eversole, 2015 Ida. App. LEXIS 25 (April 8, 2015).*

2255 petitioner’s Fourth Amendment claims are essentially procedurally barred because they should have been raised on direct appeal. The pre-Jones GPS issue counsel didn’t pursue was foreclosed by existing law at the time and Davis good faith resolves that. United States v. Cardon-Cortez, 2015 U.S. Dist. LEXIS 45864 (N.D.Fla. March 12, 2015).*