Based on the undisputed facts (such that a hearing isn\u2019t required), defendant\u2019s trash was out for collection, and no reasonable expectation of privacy was violated by searching it, and then using that information to get a search warrant. \u201cHere, Officer Walker in his affidavit states, \u2018[t]he receptacle was located at the end of the driveway near the street waiting for pickup.\u2019 \u2026 As a result, the Court determines Mr. Bryant had no subjective expectation of privacy in the garbage that society accepts as objectively reasonable.\u201d In addition, there were controlled buys. Defendant’s cell phones were also properly searched. United States v. Bryant, 2021 U.S. Dist. LEXIS 114683 (E.D. Ark. June 21, 2021).<\/p>\n\n\n\n
\u201cGiven the legal principles above, the proper question in this case is not whether the vehicle Jackson was riding in violated \u00a7 55-4-110(b), but rather, whether Officer Javins had an \u2018objectively reasonable suspicion that a violation of that statute was occurring\u2019 at the time she stopped the vehicle. \u2026 Officer Javins testified that she suspected the vehicle was violating \u00a7 55-4-110(b) solely because her headlights reflected off of a clear plastic cover on the vehicle’s registration tag, and that reflection temporarily prevented her from seeing the otherwise legible information on the tag from approximately twenty-four feet away. \u2026 The Court finds that although Officer Javins appeared to testify credibly about what she observed, the totality of the circumstances, case law, and plain language of \u00a7 55-4-110(b) all suggest that her basis for reasonable suspicion to justify the traffic stop in this case was not credible.\u201d United States v. Jackson, 2021 U.S. Dist. LEXIS 114590 (M.D. Tenn. June 16, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Based on the undisputed facts (such that a hearing isn\u2019t required), defendant\u2019s trash was out for collection, and no reasonable expectation of privacy was violated by searching it, and then using that information to get a search warrant. \u201cHere, Officer … Continue reading