190 results for 'cat:"Drug Offender" AND cat:"Search"'.
J. Nelson finds that the district court properly denied defendant's motion to suppress methamphetamine found during an officer’s inventory search of his backpack. The police may constitutionally conduct an inventory search of belongings when the property is lawfully retained and the search is done in compliance with police regulations, even after the individual has been released. Affirmed.
Court: 9th Circuit, Judge: Nelson, Filed On: April 1, 2024, Case #: 21-30251, Categories: drug Offender, search
J. Bevan finds the trial court properly refused to suppress methamphetamine found during a traffic stop. Police had a sufficiently reasonable suspicion of improperly secured hazardous materials to pull over defendant's semitrailer for safety purposes. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: April 1, 2024, Case #: 48808, Categories: drug Offender, search
J. Virden finds the trial court properly convicted defendant for meth possession with the purpose to deliver based on sufficient evidence. An officer staking out a known drug house saw defendant pull up in his vehicle, stopped him, and found baggies with meth on his person. Furthermore, a search of his vehicle yielded various amounts of meth, as well as baggies. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: March 27, 2024, Case #: CR-23-337, Categories: drug Offender, Evidence, search
J. Dietz finds that the trial court improperly ruled regarding a motion to suppress drug evidence found during a warrantless search. The trial court failed to make the necessary findings. The case is remanded back to the court for further proceedings. Reversed
Court: North Carolina Supreme Court, Judge: Dietz, Filed On: March 22, 2024, Case #: 124PA22, Categories: drug Offender, search
J. Arrowood finds that the trial court properly convicted defendant for possession of methamphetamine. Even if the officer's initial search of defendant and seizure of a pill bottle violated defendant's constitutional rights, the methamphetamine found in his boot was still admissible because its discovery was inevitable. Defendant still would have been arrested for driving with a revoked license and subsequently searched.
Court: North Carolina Court of Appeals, Judge: Arrowood, Filed On: March 20, 2024, Case #: COA23-727, Categories: drug Offender, search
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J. Connolly affirms the district court's denial of the defendant's motion to suppress evidence in her controlled-substances case, finding that police's search of her garbage was not a violation of her Fourth Amendment rights. The defendant did not have a reasonable expectation of privacy in her garbage, nor did a search of the trash constitute a trespass on the curtilage of her premises. Additionally, local ordinances banning inspection and removal of garbage do not enlarge the Fourth Amendment's protections or those under the Minnesota Constitution. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: March 18, 2024, Case #: A23-0428, Categories: Constitution, drug Offender, search
J. Lewis finds the trial court erroneously denied defendant's motion to suppress evidence obtained from a search of his person. Although police had a warrant to search his residence, he was driving a few blocks away from the property when officers arrived, which rendered their traffic stop and detainment unconstitutional. Defendant was seen leaving his home immediately before he was pulled over, but because there was no suspicion of criminal conduct, officers were not permitted to search him or take his cell phone; therefore, because evidence from the phone permeated the entire trial, defendant's drug trafficking convictions will be vacated and the case remanded. Reversed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: March 15, 2024, Case #: 2024-Ohio-981, Categories: drug Offender, Evidence, search
J. Pipkin finds that the trial court properly denied defendant's motion for a new trial on his convictions for firearm offenses, theft by receiving stolen property, dog fighting and possession of marijuana with intent to distribute. Sufficient evidence was presented to support defendant's drug and theft convictions. The trial court correctly denied defendant's motion to suppress evidence discovered during a search of his home. A trash pull performed by law enforcement was not improper. The seizure of firearms, body armor and bullets during the search of defendant's home was authorized because those items were found while police were searching for drugs and items used in the sale of marijuana. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1412, Categories: drug Offender, Firearms, search
J. Gruber finds the circuit court properly revoked defendant's suspended imposition of sentence. After defendant's convictions for use or possession of paraphernalia to manufacture meth or cocaine, drug possession and providing prohibited articles, she was found with fentanyl and drug paraphernalia when stopped for driving left of center. The search of defendant's vehicle was properly made, as the officer knew she was on parole. All sentencing factors were properly considered. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: March 13, 2024, Case #: CR-23-565, Categories: drug Offender, search, Sentencing
J. Holloway finds the lower court properly convicted defendant of possession with intent to sell or deliver more than .5 grams of methamphetamine within 1,000 feet of a public elementary school, possession of drug paraphernalia, driving on a suspended license and violation of the financial responsibility law. During the course of a traffic stop outside an elementary school, defendant's vehicle was searched as a K-9 indicated the possible presence of narcotics. The lower court found the officers had probable cause for the traffic stop as they believed defendant was driving with his license suspended, officers also had a warrant for defendant’s arrest prior to the stop, and since defendant was on probation, his cell phone was subject to a warrantless search. Defendant received an effective sentence of 25 years incarceration. The instant court finds defendant is not entitled to relief in this matter. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Holloway, Filed On: March 13, 2024, Case #: E2022-01661-CCA-R3-CD, Categories: drug Offender, Evidence, search
J. Harrison finds the trial court properly convicted defendant by conditional guilty plea for charges related to drug and drug paraphernalia possession, and firearm possession. Defendant reserved the right to challenge the denial of his motion to suppress evidence recovered in a warrantless search of his pickup truck prompted by a drug dog alert. The dog died from cancer soon after the search, and its success record was lost due to a computer crash. The dog's alert was not the only fact contributing to probable cause. The officer also saw defendant's vehicle moving erratically and smelled marijuana inside. This alone can provide probable cause for a vehicle search. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: March 13, 2024, Case #: CR-23-35, Categories: drug Offender, Evidence, search
J. Ditkoff affirms the defendant’s conviction of possession of fentanyl. Search warrants authorizing searches of any person present include people who remain in the vicinity of the property the search warrant is authorized for, even if they have left the property itself, as long as they were on the property during the execution of the warrant. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Ditkoff, Filed On: March 11, 2024, Case #: 23-P-250, Categories: Criminal Procedure, drug Offender, search
J. Gratton finds that the trial court properly denied defendant's motion to suppress drug evidence as untimely. Neither a change in law regarding drug dog alerts nor a change in counsel constituted excusable neglect that would allow a late motion. Her speedy trial claim failed because most of the delay was caused by the emergency suspension of jury trials due to the Covid-19 pandemic. Affirmed.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: March 8, 2024, Case #: 50179, Categories: drug Offender, search, Speedy Trial
J. Smith finds the trial court properly denied defendant's motion for leave to file an untimely petition for postconviction relief from his drug convictions. His discovery the police officer who initiated the traffic stop never issued him citations was not exculpatory evidence that would have altered the outcome of his case or required suppression of evidence obtained from a search of his vehicle. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: March 8, 2024, Case #: 2024-Ohio-925, Categories: drug Offender, search
J. Currier finds that the trial court properly declined to suppress evidence seized during a search of defendant's vehicle, which led to charges of possession of a controlled substance, because the officer smelled burnt marijuana during the traffic stop, and the search was performed within a reasonable time frame. Affirmed.
Court: New Jersey Appellate Division, Judge: Currier , Filed On: March 7, 2024, Case #: A-2800-21, Categories: drug Offender, search
J. Gill finds the circuit court improperly denied defendant's motion to suppress evidence of marijuana discovered from searches police conducted of her car with a canine during a traffic stop for not having a front license plate and a passenger not wearing a seat belt. The searches of defendant's car, which occurred when a canine being led around the outside of the car was allowed to twice enter defendant's open driver's side door, both count as "searches" under the Fourth Amendment, and they constitute unlawful searches because the officers did not get a warrant and no exception to the warrant requirement was at play. Whether or not the standard adopted by some jurisdictions creating an exception to the warrant requirement if a canine instinctively extends a search into someone's car exists and is recognized in Wisconsin, such an "instinct exception" will not be adopted in this case because the officer handling the canine "implicitly encouraged" it to enter defendant's car. The circuit court's judgment of conviction is reversed and the case is remanded for the circuit court to grant defendant's motion to suppress. Reversed.
Court: Wisconsin Court of Appeals, Judge: Gill, Filed On: March 5, 2024, Case #: 2020AP001813-CR, Categories: Constitution, drug Offender, search
J. Doyle finds that the trial court properly denied defendant's motion to suppress evidence found during a warrantless search of his vehicle which led to his arrest and charge for possession of psilocyn. The police officer's determination of probable cause to search the vehicle was based on the totality of her observations, not solely on her perception that the vehicle smelled like marijuana without accounting for the smell of a legal CBD cigarette. Defendant stopped his vehicle beyond the stop line at a red light, had an expired out-of-state tag and had bloodshot, red eyes. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 4, 2024, Case #: A23A1619, Categories: drug Offender, search
J. Pritzker finds that the lower court properly declined to suppress pills and a handgun discovered during a traffic stop in defendant's trial for drug and weapon possession. Officers possessed reasonable suspicion to ask defendant to empty his pockets because both the driver of the vehicle and defendant inconsistently answered police inquiries about their activities, and each of them had known connections to narcotics. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: February 29, 2024, Case #: 112813, Categories: drug Offender, Firearms, search
J. Thompson finds that the trial court properly denied defendant's motion to suppress drug evidence found during a search of his residence by a parole officer while he was living with a parolee. In this case, the parole officer had the authority to conduct a visit with her parolee and observed the marijuana candy when she entered the home. However, the officer did not have the authority to search the entire home without a warrant, including defendant's bedroom and other areas, and the officer did not testify to having observed the firearms in plain view. Therefore, defendant's motion to suppress gun evidence should have been granted. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: February 28, 2024, Case #: 55,427-KW, Categories: drug Offender, Firearms, search
J. Doherty finds that the lower court improperly convicted defendant of possession of cannabis plants and possession of meth after denying his motion for a Franks evidentiary hearing. Defendant sufficiently showed that the affidavit supporting the application for a search warrant for his home contained facts shown to be false, and those facts were necessary to establish probable cause for the search. Reversed.
Court: Illinois Appellate Court, Judge: Doherty, Filed On: February 26, 2024, Case #: 221109, Categories: drug Offender, search
J. Clay finds that the lower court properly declined to suppress evidence in defendant's trial on charges of being a felon in possession of a handgun and drug charges because defendant was legally pulled over for failing to signal, and a K-9 officer identified drugs in defendant's vehicle after the officer legitimately prolonged the stop due to defendant's activity in front of known drug house. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Karem, Filed On: February 23, 2024, Case #: 2023-CA-0105-MR, Categories: drug Offender, search
J. Golemon finds the trial court properly convicted defendant for felony possession of PCP. After defendant was pulled over for failure to stop at a stop sign, an officer observed he was defensive and confused. When asked for ID, defendant produced a Crown Royal bag from his pant leg. This prompted the officers, along with other indicators of intoxication, to have defendant exit the vehicle. A search yielded the PCP. The court was not required to instruct the jury on conflicting evidence regarding whether defendant had run the stop sign in the first place. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: February 21, 2024, Case #: 09-22-00406-CR, Categories: drug Offender, search, Vehicle
J. Murphy finds the trial court properly convicted defendant for drug trafficking and firearms charges. Officers conducted a search of defendant's home based upon information from a different investigation for theft, finding a white crystal substance in plain sight. The ensuing warranted search yielded several glass pipes, as well as digital scales and plastic bags containing particles of meth. Over three pounds of meth were also seized, as well as rifles and $16,000 in cash. Evidence concerning an untested substance was relevant and admissible, and not outweighed by any possible prejudice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: v, Filed On: February 21, 2024, Case #: CR-23-103, Categories: drug Offender, Evidence, search
J. Oxley finds that the district court improperly suppressed a blood test indicating defendant used methamphetamine in an action stemming from a car accident. The arresting officer falsely claimed he smelled alcohol on defendant's breath while seeking a warrant for the blood draw, but the relevant information had been excised from the warrant and the remaining claims supported the warrant. Affirmed.
Court: Iowa Supreme Court, Judge: Oxley, Filed On: February 16, 2024, Case #: 22-0162, Categories: drug Offender, search
J. Wood finds that the lower court properly convicted defendant of drug trafficking after police had a K9 search around his car during a traffic stop. The police officer did not unconstitutionally prolong the stop to conduct the dog sniff as he did not have to wait for a colleague to show up with the dog and already had a drug-sniffing dog with him. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: February 15, 2024, Case #: 22-2932, Categories: drug Offender, search
J. Gruber finds the trial court properly convicted defendant for possession of a controlled substance, sentencing her as a habitual offender. After defendant was stopped for expired tags, the officer smelled marijuana inside the car. He learned defendant's driver’s license was suspended and there was a search waiver on file. He then found a small bag of meth in the vehicle. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: February 14, 2024, Case #: CR-23-270, Categories: drug Offender, search, Vehicle
J. Olson finds that the lower court improperly granted defendant’s suppression motion in this case involving a traffic stop that found evidence of him possessing marijuana with the intent to deliver. Pennsylvania presented evidence showing neither the defendant nor his codefendant, who was also in the car during the stop, were registered owners of the vehicle, so defendant failed to meet the burden of proving that he had a privacy interest in the vehicle. Vacated.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: February 13, 2024, Case #: J-A28001-23, Categories: drug Offender, search, Sentencing
J. Hess finds that the trial court should have suppressed evidence during defendant's drug case. While the police officer had probable cause to initiate an investigative stop of defendant, he did not have reasonable suspicion to search his vehicle. He did not see defendant purchase any drugs and there were no odors or evidence of drugs in the vehicle. Although defendant eventually gave consent to search after an initial refusal, this consent was based on the officer's statement that he "had reasonable suspicion" and would "search it anyway," which rendered the consent invalid. Reversed.
Court: Ohio Court Of Appeals, Judge: Hess, Filed On: February 13, 2024, Case #: 2024-Ohio-624, Categories: drug Offender, search