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. They were third party records where there was no reasonable expectation of privacy. [Attorney-client privilege not mentioned, but the lawyer wasn’t acting as a lawyer.] As to a storage unit, it was held abandoned before the search warrant was executed. United States v. Friedmann, 2022 U.S. Dist. LEXIS 56688 (M.D.Tenn. Mar. 29, 2022).

Passed out behind the wheel of one’s car after a crash into trees was reasonable suspicion. State v. Knauer, 2022 Del. Super. LEXIS 120 (Mar. 29, 2022).*

Defendant was stopped in a truck for speeding. When the officer got to the driver’s window, it was rolled down 3-4″. He asked defendant to roll it down more, and defendant replied that he felt uncomfortable doing so. The officer asked why. When the window came down, the smell of marijuana was evident. That led to a justified dog sniff. State v. Harning, 2022 MT 61, 2022 Mont. LEXIS 268 (Mar. 29, 2022).*

This entry was posted in Plain view, feel, smell, Reasonable suspicion, Third Party Doctrine. Bookmark the permalink.

Comments are closed.