D.N.M.: Def was evicted once arrested and couldn’t go back to apt; landlord’s gathering stuff was a private search, and papers were made available to police

After defendant’s arrest, the landlord evicted him and gathered up his stuff. The police got the paperwork from the apartment from the landlord, and some of it was incriminating. Because the police didn’t instigate the landlord evicting him other than by the mere fact of arrest, the landlord was a private searcher. United States v. Doss, 2017 U.S. Dist. LEXIS 190967 (D. N.M. Nov. 18, 2017).

“Specifically, Louis’s slow, erratic turn, the odor of alcohol that was strong enough for Dole to smell immediately upon approaching Louis’s vehicle, the open bottle within Louis’s reach, and Louis’s confused demeanor were sufficient to provide Dole with a reasonable suspicion of intoxication.” State v. Louis, 2017-Ohio-8666, 2017 Ohio App. LEXIS 5097 (2d Dist. Nov. 22, 2017).*

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