GA: SW for marijuana supported plain view seizure of firearms, ammunition, and body armor

Police had a search warrant for marijuana. “[E]ven if the seizure of the firearms, ammunition, and body armor is not within the scope of the warrant, we agree with the State that law enforcement was authorized to seize these items under the plain-view doctrine.” Kennedy v. State, 2024 Ga. App. LEXIS 138 (Mar. 15, 2024).*

In one stop, defendant was stopped for four traffic offenses in a rental car not rented to him. “During the course of the stop, the troopers observed totes and boxes of electronics stacked from floor to ceiling inside the vehicle. When the troopers asked Campbell about the electronics, he denied any knowledge about them and told the troopers to speak to his uncle, whom he identified as Ferguson.” A new license plate was found in the rental car, too. The decision to tow and inventory the car was within the inventory policy and was reasonable. Defendant was convicted in a conspiracy to transport stolen Walmart goods across state lines. United States v. Ferguson, 2024 U.S. App. LEXIS 6196 (6th Cir. Mar. 13, 2024).*

The state’s possession of a cell phone doesn’t give it the authority to search it without a warrant. And, the amount of time it takes to search it depends on the case (password protected; TMI). People v. Banks, 2024 NY Slip Op 24077 (N.Y. Co. Mar. 14, 2024).*

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