Cal.6: Fire capt’s search of cabinet of backyard shed unrelated to house fire wasn’t part of the exigency of the fire

A fire department captain in Santa Clara County searched a cabinet in a shed behind defendant’s house. The fire department was called to a house fire. He was looking for the source of smoke, and it wasn’t readily apparent the shed was the source of anything connected to the house fire. Unusual chemicals were there, and the police were called to the scene. There was no exigency for searching the cabinet in the shed in relation to the house fire. People v. Nunes, 2021 Cal. App. LEXIS 386 (6th Dist. May 6, 2021).

Defendant’s alleged window tint violation was enough for a stop, and the justification wasn’t contradicted by the defense. United States v. Cherisme, 2021 U.S. App. LEXIS 13500 (3d Cir. May 6, 2021).*

Even a lay person can give a lay opinion as to vehicle speed, so the question is what weight it is given. Thus, the trial court didn’t err in giving weight to the officer’s opinion defendant was speeding for reasonable suspicion for a stop. Yoda v. State, 2021 Tex. App. LEXIS 3526 (Tex. App. – Eastland May 6, 2021).*

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