Daily Archives: January 24, 2023

N.D.Iowa: Car transporter has common authority to consent

A car being hauled west was searched on the car hauler’s truck by consent of the hauler. He had common authority to do that. Moreover, defendant’s standing as to the vehicle was tenuous at best. Registration had expired before the … Continue reading

Posted in Apparent authority, Ineffective assistance, Probable cause | Comments Off on N.D.Iowa: Car transporter has common authority to consent

N.D.Ill.: Border search exception doesn’t permit cell phone search for proof of a prior domestic crime

The border search exception does not apply to searching defendant’s cell phone at Customs for proof of a domestic crime, here mail theft. United States v. Carpenter, 2023 U.S. Dist. LEXIS 11014 (N.D. Ill. Jan. 23, 2023). The drug dog … Continue reading

Posted in Dog sniff, Ineffective assistance | Comments Off on N.D.Ill.: Border search exception doesn’t permit cell phone search for proof of a prior domestic crime

M.D.Ga.: Officer isn’t obliged to mention he could smell marijuana coming from the car

An officer smelling marijuana in a car isn’t obliged to tell the motorist he could for it to be true. United States v. Perkins, 2023 U.S. Dist. LEXIS 10564 (M.D. Ga. Jan. 19, 2023). At worst, the officer’s false statement … Continue reading

Posted in Franks doctrine, Plain view, feel, smell, Waiver | Comments Off on M.D.Ga.: Officer isn’t obliged to mention he could smell marijuana coming from the car