MS: Open fields covered by state const.; warrant required for administrative search

A warrant is required for administrative searches under the Mississippi constitution, which also protects all land owned by the complainant, including open fields. Plain view is inapplicable here. The exclusionary rule applies to this administrative search and seizure. Okhuysen v. City of Starkville, 2022 Miss. App. LEXIS 17 (Jan. 11, 2022).

“We conclude that the officers, who checked the driver’s license status in three states before initiating the traffic stop, made a reasonable mistake of fact that does not negate the Fourth Amendment validity of the traffic stop.” Then the smell of marijuana permitted a search of the vehicle. United States v. Davis, 2022 U.S. App. LEXIS 688 (4th Cir. Jan. 10, 2022).*

This patdown was consensual. The officer felt what was, to him, obviously packaged drugs. It didn’t ripen to a Terry stop until the plain feel. United States v. England, 2022 U.S. Dist. LEXIS 4725 (N.D.Ohio Jan. 10, 2022).*

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