Post details: Computer was properly seized from a car under a search warrant, even though it wasn't described in the warrant
05/09/08
Computer was properly seized from a car under a search warrant, even though it wasn't described in the warrant
Defendant waived on appeal his search issue by changing the issue, and it is important that trial courts get to rule on these issues first. To avoid an ineffective assistance claim, the court goes to the merits. Defendant's computer was lawfully seized under a search warrant for evidence of a homicide because it might have had evidence on it, even thought it was not listed in the search warrant and it was portable and found in defendant's car. A second search warrant was issued for the computer. People v. Varghese, 162 Cal. App. 4th 1084, 76 Cal. Rptr. 3d 449 (4th Dist. 2008).*
Officer had probable cause to believe defendant was selling drugs at the time of the arrest. It mattered not what drug the defendant was selling, just that he was selling drugs. Duncan v. State, 2008 Alas. App. LEXIS 47 (March 14, 2008).*
Initial entry into a car for an open beer bottle as "contraband" for violation of a local open container law was valid. Oldfield v. State, 291 Ga. App. 432, 662 S.E.2d 243 (2008).*
There was probable cause for defendant's arrest in his car, so the search was proper under the automobile exception. United States v. Noble, 2008 U.S. Dist. LEXIS 37184 (S.D. N.Y. May 7, 2008).*
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