CA3: Police in pursuit of a shooting suspect crossed into def’s backyard; plain view of drugs sustained

Police were in pursuit of a shooting suspect and went into defendant’s back yard. Drugs in plain view could be seized. Levys v. Shamlin, 2020 U.S. App. LEXIS 13267 (3d Cir. Apr. 24, 2020).

An open container stop permits a search incident of the center console because it’s a logical place to hide something. United States v. Deleon, 2020 U.S. Dist. LEXIS 72270 (D. Neb. Feb. 25, 2020), adopted, 2020 U.S. Dist. LEXIS 71372 (D. Neb. Apr. 22, 2020).

Defendant was indicted, tried, and convicted of murder of a police officer shot during a drug raid where he wasn’t even the target of the search. His motion in limine that the SWAT team was dealing with expected drug and gang activity was properly denied. He just wanted the jury to hear that there was a search warrant involved. The jury got a limiting instruction. No error. State v. Campbell, 2020 Tenn. Crim. App. LEXIS 294 (Apr. 24, 2020).*

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