Officers did a flyover of defendant\u2019s home from navigable airspace and saw a marijuana grow. While he had a subjective reasonable expectation of privacy in the curtilage, not from 2000′. United States v. Flavius, 2023 U.S. Dist. LEXIS 92974 (D.V.I. May 28, 2023).<\/p>\n\n\n\n
The stop of defendant\u2019s rental car was justified by its expired tag. Then, \u201c[t]he officer stated that \u2018the odor was so strong and apparent that I just came \u2026 right out and ask[ed] [him] how much marijuana is inside the car.\u2019\u201d Moore v. State, 2023 Ind. App. LEXIS 159 (May 26, 2023).*<\/p>\n\n\n\n
The factual disputes required denial of summary judgment on qualified immunity. Gorsky v. Guajardo, 2023 U.S. App. LEXIS 13164 (5th Cir. May 26, 2023).*<\/p>\n\n\n\n
The search of defendant\u2019s pants after leaving the hospital to the jail was reasonable. As a search incident, it was not reasonable because he was incapable of reaching them. Inevitable discovery applies, however. The court finds it was more likely than not that it happened at the jail and not the hospital. United States v. Gibbins, 2023 U.S. Dist. LEXIS 92981 (N.D. W.Va. May 26, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Officers did a flyover of defendant\u2019s home from navigable airspace and saw a marijuana grow. While he had a subjective reasonable expectation of privacy in the curtilage, not from 2000′. United States v. Flavius, 2023 U.S. Dist. LEXIS 92974 (D.V.I. … Continue reading