NY3: Def’s admission he had MJ justified search of car; when it turned up empty, then a search of his person

Defendant admitted possession of marijuana during a traffic stop. After the car turned up empty, there was then probable cause for a search of his person. People v. Roulhac, 2018 NY Slip Op 07367, 2018 N.Y. App. Div. LEXIS 7357 (3d Dept. Nov. 1, 2018).

The officers and probable cause for defendant’s arrest without a warrant. That permitted a search incident of his person. The alleged omissions in the affidavit for the search warrant for his place were not material and don’t meet the Franks threshold. United States v. Miller, 2018 U.S. Dist. LEXIS 184010 (W.D. Mo. Oct. 26, 2018).*

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