Category Archives: Plain view, feel, smell

E.D.Cal.: Inmate has no standing in a contraband cell phone

A person in prison has no standing to contest a wiretap on a contraband cell phone. United States v. Yandell, 2022 U.S. Dist. LEXIS 91166 (E.D.Cal. May 20, 2022). “The facts of this case indicate that [Officer] Leitzen, while conducting … Continue reading

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TX13: Stop was consensual but became unreasonable

“We therefore conclude that, although appellant’s encounter with police may have been consensual initially, it advanced into a ‘seizure’ for Fourth Amendment purposes before appellant made any incriminating statements. Because there was no warrant, reasonable suspicion, or probable cause to … Continue reading

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CA2: Shot fired through wall justified entry into that locked room

“At the time they entered Laurent’s locked room, the officers knew that only minutes before a shot had been fired from the locked room into the neighboring room. The district court did not err, much less clearly err, in finding … Continue reading

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M.D.Pa.: Missing dashcam video of stop and search not shown to be material

The missing dashcam video was not shown to be material. Defendant’s drug paraphernalia was in plain view and it was readily apparent what it was. That led to an automobile exception search. United States v. Griffith, 2022 U.S. Dist. LEXIS … Continue reading

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N.D.Ill.: Going to drug deal from house and then going back is nexus to the house

Defendant left his house, went to a drug deal, and returned. This is not the officer’s mere reliance on what drug dealers normally do or he would expect to find. United States v. McCreary, 2022 U.S. Dist. LEXIS 69838 (N.D.Ill. … Continue reading

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E.D.Mo.: Empty sandwich bag in car not subject to plain view; incriminating nature not immediately apparent

The government failed to establish reasonable suspicion for defendant’s stop on an anonymous tip where nothing of substance was furnished contrary to Navarette. Moreover, it wasn’t immediately apparent an empty sandwich bag in the car was incriminating for plain view. … Continue reading

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OH: Material witness warrant requires PC

“Based on the language in the [Fourth Amendment] and Ohio Constitutions, we now hold that material witnesses are entitled to these basic, fundamental rights and therefore agree with the Eighth District that the state’s request for a warrant to detain … Continue reading

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MA: Dog alert to buttocks PC for strip search

After witnessing suspicious movement, and observing white powder on the vehicle dashboard where defendant had been sitting, police had probable cause to arrest defendant on drug charges and consequently were justified in conducting a search of the defendant incident to … Continue reading

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MA: Firearms “improperly secured” found in search of house not forfeitable

Firearms allegedly found “improperly secured” in defendant’s home during a search are not contraband subject to forfeiture. Commonwealth v. Fleury, 2022 Mass. LEXIS 149 (Mar. 31, 2022).* Defendant was stopped for overtinted windows, and, when he got out of the … Continue reading

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M.D.Tenn.: Copies of what were notarized kept by the notary are third-party records

Defendant had documents notarized at a Nashville law office where the practice of the lawyer-notary, not required by law, to copy what was notarized, and they did it for free. The government found out about it and subpoenaed the records. … Continue reading

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IA: Boilerplate language alone in an affidavit for SW does not establish nexus

Boilerplate language alone in an affidavit for warrant does not establish nexus. State v. Bracy, 2022 Iowa Sup. LEXIS 29 (Mar. 18, 2022) (citing § 6.14 of Treatise (§ 3:13 of 3d ed.). Omitting a CI’s criminal history from the … Continue reading

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CA9: Neighbor’s video of SWAT team arrival for search was properly excluded at trial for confusion of issues

Defendant’s neighbor recorded the SWAT team arrival and participating in the execution of the search warrant from outside the house. Defendant’s offer of the video at trial was rejected. “Permitting the jury to see that the police who were executing … Continue reading

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D.Minn.: Traffic stop led to PC by plain view

There was probable cause for a stop, and that quickly developed into probable cause to search from marijuana residue around the driver’s seat. United States v. Estes, 2022 U.S. Dist. LEXIS 41951 (D.Minn. Mar. 8, 2022).* Possession of a large … Continue reading

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CA8: Def didn’t show REP in hospital room for plain view seizure of clothing

Defendant did not show that he had a reasonable expectation of privacy in his hospital room where police entered and saw his clothes in plain view and seized them. United States v. Mattox, 2022 U.S. App. LEXIS 5747 (8th Cir. … Continue reading

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WA: Covered stolen videogame console not “immediately apparent” for plain view

A covered suspected stolen Pac-Man videogame console was not in plain view because what was covered was not immediately apparent until uncovered. State v. Elwell, 2022 Wash. LEXIS 151 (Mar. 3, 2022) (on the entire record, however, this was harmless … Continue reading

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OR: Syringe was plain view even if not contraband per se

A syringe, although not contraband per se, satisfied the immediately apparent prong of plain view. State v. Wise-Welsh, 318 Ore. App. 146, 2022 Ore. App. LEXIS 357 (Mar. 2, 2022). “Given these inconsistences, it is impossible to determine ‘exactly what … Continue reading

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TN: Smell of drugs during execution of SW permits detaining occupants

Based on the smell of drugs when executing a search warrant, the officers had the authority to detain the occupants. Linsey v. State, 2022 Tenn. Crim. App. LEXIS 79 (Feb. 25, 2022). Defendant’s stop was reasonable. Shots had been reported … Continue reading

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LA5: Motorist assist led to plain smell and valid search

Police were called for a motorist assist to unlock a car. Once opened, the car smelled of marijuana, and that created probable cause. The police were invited to the curtilage. State v. Keller, 2022 La. App. LEXIS 247 (La. App. … Continue reading

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D.Conn.: Dropping a bag when stopped, walking away from it, and then denying having it was abandonment

Defendant had a red Nike bag on him when the car was stopped, and he got out of the car and dropped it on the ground and walked away from it. When questioned about the bag, he denied he’d dropped … Continue reading

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WaPo: U.S. Capitol Police rejects GOP congressman’s claim that check of his open office is illegal investigation

WaPo: U.S. Capitol Police rejects GOP congressman’s claim that check of his open office is illegal investigation (“Chief Tom Manger said a Capitol Police officer entered Rep. Troy E. Nehls’s office in November because the door was left ‘open and … Continue reading

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