Daily Archives: February 27, 2022

S.D.W.Va.: AUSAs apparently failed duty to court to mitigate this Brady/Giglio issue before it reared its head

The court’s finding of the officer’s recklessness in this search warrant affidavit leads the government to file a motion to reconsider, presumably because it will become Brady/Giglio material in future cases as to the officer. Not only is that denied, … Continue reading

Posted in Franks doctrine | Comments Off on S.D.W.Va.: AUSAs apparently failed duty to court to mitigate this Brady/Giglio issue before it reared its head

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

Posted in Automobile exception, Plain view, feel, smell, Reasonable suspicion, Warrant execution | Comments Off on TN: Smell of drugs during execution of SW permits detaining occupants