Daily Archives: April 4, 2019

IL: Odor of marijuana detected during a knock-and-talk was reasonably obtained

Odor of marijuana detected during a knock-and-talk was reasonably obtained. People v. Brandt, 2019 IL App (4th) 180219, 2019 Ill. App. LEXIS 224 (Apr. 2, 2019). There was probable cause for plaintiff’s arrest for constructive possession. He was long time … Continue reading

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CA2: Unlicensed and unauthorized and driver of rental car had no standing under Byrd

Unlicensed and unauthorized driver of rental car had no standing under Byrd. United States v. Lyle, 2019 U.S. App. LEXIS 9457 (2d Cir. Apr. 1, 2019). Defendant signed a search waiver as a condition of community control, and that was … Continue reading

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CA8: Def’s lie about cell phone password in response to SW for phone warranted obstruction of justice enhancement

Defendant’s lying about his phone password in response to a search warrant for the phone warranted an obstruction of justice enhancement on the Sentencing Guidelines. United States v. Beattie, 2019 U.S. App. LEXIS 9462 (8th Cir. Apr. 1, 2019):

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TN: Credibility determinations in motions to suppress are the province of the trial court

Credibility of the witnesses at a suppression hearing is entrusted to the trial court, and it isn’t subject to review on appeal. State v. Belt, 2019 Tenn. Crim. App. LEXIS 208 (Apr. 1, 2019). A conclusory or general objection to … Continue reading

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N.D.W.Va.: Factual mistakes in the affidavit for SW didn’t undermine the factual showing; the GFE also applies

There were factual mistakes in the affidavit for search warrant, but it doesn’t undermine the probable cause showing. In any event, the mistakes are in good faith and the good faith exception applies. United States v. Naum, 2019 U.S. Dist. … Continue reading

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D.R.I.: Officers don’t actually have to be applying for a SW for inevitable discovery to apply if they have PC

The court finds the consent to search given by a woman in the house was voluntary and wasn’t based on a threat to take her child away by DCYF. She drew that conclusion herself because she was concerned about it. … Continue reading

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